Plain Speaking: Understanding the WTO Panel Report on Tobacco Plain Packaging

Melbourne Law School
Room 920, Level 9
185 Pelham St
Carlton VIC 3053

Melbourne Law School
1:00PM - 2:30PM
Room 920, Level 9
185 Pelham St, Carton VIC

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About the seminar

More than six years ago, Ukraine commenced the first complaint in the World Trade Organization (WTO) against Australia’s ‘plain’ tobacco packaging scheme. Since then, four other countries have brought complaints (Cuba, the Dominican Republic, Honduras and Indonesia), while Ukraine’s complaint has lapsed. More than four years since a WTO Panel was established to hear these complaints, its report has finally been circulated and is now publicly available. If the report is appealed, its resolution is uncertain given the major ongoing difficulties created by the United States' blocking of the appointment of WTO Appellate Body Members.

In this lunchtime seminar, experts from the University of Melbourne, Monash University and the McCabe Centre for Law and Cancer discussed the implications of the Panel’s decision in connection with a range of issues including public health, intellectual property, and regulatory autonomy.

About the panelists

Professor Andrew Mitchell
Melbourne Law School

Andrew is Professor at Melbourne Law School, Australian Research Council Future Fellow, Director of the Global Economic Law Network, a member of the Indicative List of Panelists to hear WTO disputes, and a member of the Energy Charter Roster of Panelists.

Ms Paula O'Brien
Melbourne Law School

Paula O'Brien is a Senior Lecturer and Co-Director of the Health and Medical Law Masters at Melbourne Law School. She co-coordinates a monthly health law seminar series at the Law School and is co-Director of the newly formed research centre Health Law and Ethics Network.

Mr Jonathan Liberman
McCabe Centre for Law and Cancer

Jonathan Liberman is Director of the McCabe Centre for Law and Cancer and a lawyer with over fifteen years' experience in legal and policy research, advice, training and technical support relating to cancer control at the domestic and global levels. Jonathan is a member of the Lancet Oncology Commission on Global Cancer Surgery.

Professor Mark Davison
Monash University

Professor Mark Davison is the author of several major works relating to intellectual property and competition law and is a special counsel with Knightsbridge Lawyers. His works include The Legal Protection of Databases, published by Cambridge University Press and Shanahan's Australian Law of Trade Mark and Passing Off. He is a co-author of the three editions of Australian Intellectual Property Law, published by Cambridge University Press and The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights: A Commentary published by Edward Elgar.

Dr Caroline Henckels
Monash University

Dr Caroline Henckels is a Senior Lecturer in the Faculty of Law at Monash University. She is an Associate Editor of the Journal of World Investment and Trade, is a member of the Editorial Board of the Alternative Law Journal, and serves as peer reviewer for numerous academic journals and for the United Nations Conference on Trade and Development.

This seminar was presented by The McCabe Centre for Law and Cancer, the Global Economic Law Network and the Health Law and Ethics Network