Minutes - TRIPS Council - View details of the intervention/statement

H.E. Ambassador Dr. Walter Werner
Dominican Republic
14.1   DISPUTE SETTLEMENT

616.   The Dominican Republic wishes to note that the Panel Report under discussion under the first point of agenda item 14 refers to the panels established by Cuba and Indonesia in relation to Australia's tobacco plain packaging measures. There were separate panels established in the four complainants' complaints against Australia's measures for plain packaging of tobacco products under Article 9.3 of the DSU. The other two complainants, the Dominican Republic and Honduras, appealed the Panel Report, on 23 August 2018, and 19 July 2018, respectively. The fact that Cuba (DS458) and Indonesia (DS467) have not appealed their panel reports has no impact on the rights of the Dominican Republic (DS441) or the rights of Honduras (DS435) to appeal their panel reports. 617.   As the appeals of the Dominican Republic and Honduras are ongoing, the Dominican Republic considers that it would not be appropriate to make any statement on the Panel's findings in the cases brought by Cuba and Indonesia. The Dominican Republic notes only that it is of the view that the Panel committed several legal errors as set forth in its Notification of an Appeal (WT/DS441/23). We look forward to the Appellate Body's review of the merits of the Dominican Republic's appeal in due course.

The representatives of Honduras, the Dominican Republic, Norway, Australia and Indonesia took the floor.
55.   The Chair said that two requests for consultations had been formally submitted since the June 2018 meeting. On 1 June 2018, the European Union had requested consultations with China regarding "Certain Measures on the Transfer of Technology" (circulated in document IP/D/39). On 1 October 2018, Qatar had requested consultations with Saudi Arabia regarding Measures Concerning the Protection of Intellectual Property Rights (circulated in document IP/D/40).
56.   At the meeting on 27 August 2018, the Dispute Settlement Body had adopted two Panel reports regarding "Australia – Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging", concerning the complaints by Cuba and Indonesia. The information was available in documents IP/D/33/Add.1 and IP/D/34/Add.1. In proceedings on the same subject matter, Honduras had appealed certain findings of the Panel in its report WT/DS435/R, on 19 July 2018; and the Dominican Republic had also appealed certain findings in report WT/DS441/R, on 23 August 2018.
57.   The representatives of Honduras, the Dominican Republic, Norway, Australia and Indonesia took the floor.
IP/C/M/90, IP/C/M/90/Add.1