Organizations that Supported Tobacco Industry Arguments against Plain Packs

ORGANIZATIONS IN SUPPORT OF TOBACCO INDUSTRY’S ARGUMENTS AGAINST PLAIN PACKAGING

AMICUS CURIAE SUBMISSIONS INCORPORATED BY WTO MEMBERS THAT OPPOSED AUSTRALIA’S PLAIN PACKS

Based on the WTO Panel Report in favor of Australia’s Plain Packaging

Consistent with its tactic of utilizing third parties to counter tobacco control policies, the tobacco industry is likely to mobilize business organizations in its campaign to challenge FCTC Parties’ efforts to impose plain packaging or increase the size of graphic health warnings.

In the WTO proceedings on the Australia plain packaging law, several business platforms had submitted arguments that echo tobacco industry’s claims against the public health measure, through amicus curiae submissions.

A total of thirty six (36) such submissions were attached as exhibits of complainants Dominican Republic, Honduras, and Indonesia. In WTO dispute settlement history[i], thirty six (36) is a record number of amicus curiae submissions in a WTO dispute. Counting organizations with joint submissions, the submissions involved over forty (40) organizations, hosted in about twenty seven (27) countries. [ii]Note: Submissions by groups of organizations are split up into the constituent organizations if their offices are in different countries. Highlighted in red are the regional or international associations or organizations.

Country Name of Organization
Australia Institute of Public Affairs
Australian Retailers Association
Brazil Associação Brasileira da Propriedade Intelectual
Confederação Nacional da Indústria
Federação des Industrias do Estado da Bahia
Canada Canadian Manufacturers and Exporters
France Union des Fabricants
Association of Trademarks and Design Rights Practitioners
(France-based international organization)
Germany Taxpayers Association of Europe
(Germany- and Belgium-based European organization)
Greece Federation of Attica and Piraeus Industries
Guatemala Cámara de Industria de Guatemala
Indonesia Indonesian Chamber of Commerce and Industry
Japan Japan Business Federation
Japan Intellectual Property Association
Korea Federation of Korean Industries
Trade-related IPR Protection Association
(Korea-based international organization)
Laos European Chamber of Commerce and Industry
Malaysia EU-Malaysia Chamber of Commerce and Industry
Malaysian International Chamber of Commerce and Industry
Mexico American Chamber Mexico
Montenegro Montenegrin Employers Federation
Netherlands American Chamber of Commerce in the Netherlands
Philippines ASEAN Intellectual Property Association
(Philippine-based ASEAN organization)
Federation of Philippine Industries
European Chamber of Commerce of the Philippines
Poland Polish Chamber of Trade
Portugal International Tobacco Growers' Association
(Portugal-based international association)
Romania Romanian Small and Medium Retailers Association
Russia Association of European Businesses in Russia, American Chamber of Commerce in Russia, RusBrand, and Russian Union of Industrialists and Entrepreneurs
Singapore European Chamber of Commerce in Singapore
EU-ASEAN Business Council
(Singapore-based ASEAN organization)
Thailand European Association of Business and Commerce in Thailand
American Chamber of Commerce in Thailand
Turkey Patent and Trademark Attorneys Association
Aegean Exporters Association
United Kingdom European Association of Trade Mark Owners ("MARQUES")
(UK-based European organization)
Uruguay Cámara Nacional de Comercio y Servicios del Uruguay
United States Emergency Committee for American Trade, National Association of Manufacturers of the United States, National Foreign Trade Council, Paperboard Packaging Council, Printing Industries of America, Independent Packaging Association, United States Chamber of Commerce, and United States Council for International Business
United States Chamber of Commerce
International Trademark Association
(US-based international organization with offices in Belgium, Chile, China, Singapore, and United States; with representatives in India and Switzerland)

Note: Submissions by groups of organizations are split up into the constituent organizations if their offices are in different countries. Highlighted in red are the regional or international associations or organizations.

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[i] Charwat, Nicola (2016). “Who Participates as Amicus Curiae in World Trade Organization Dispute Settlement and Why?” New Zealand Universities Law Review. Vol. 27. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3021553 (accessed on 18 July 2018);
A review of submissions from 1996-2014: the Appellate Body and implementation review panels were reported to have received “at least 108 submissions across 49 disputes.”

[ii] Panel Report, 28 June 2018, WT/DS435/R, WT/DS441/R, WT/DS458/R, and WT/DS467/R.