12.38. The representative of Brazil said this was not the first time that a Member's anti-smoking measure had been brought to the attention of this Council. The very similar case of plain packaging legislation for tobacco in Australia had been discussed in this Council and was now a case in the Dispute Settlement Body, which Brazil was following very closely. His delegation's position had not changed from the time when the Australian case had been discussed. Brazil was a party to the WHO FCTC, and tobacco control was a top public health priority there. Article 8.1 of the TRIPS Agreement established that Members may, in formulating or amending, their laws and regulations adopt measures necessary to protect public health and nutrition. Equally, and possibly even more relevant, a subsequent agreement, the Doha Declaration on TRIPS and Public Health established in its paragraph 4 that the TRIPS Agreement does not and should not prevent Members from taking measures to protect public health and that the Agreement can and should be interpreted and implemented in a manner supportive of Members' right to protect public health. In conclusion, he said, it was his delegation's view that the existing international framework regulating the interplay between IPRs and public health provided ample scope for countries to adopt measures that they saw fit to protect public health in their national legislations.
