Plain Packaging and the TRIPS Agreement: A response to Professors Davison, Mitchell and Voon

Abstract

The issue of plain packaging is at the very core of the intersection between trade law, intellectual property and public health. Unlike the issue of export of generic pharmaceuticals, which was addressed in the World Trade Organization by the adoption of a specific Declaration and notification system, it seems that plain packaging will be addressed by the WTO Dispute-Settlement Body. A report prepared by the author in 2010 discussing the intellectual property aspects of plain packaging was critiqued by Professors Davison, Mitchell and Voon in several publications and submissions, including a recent book. In this article, the author responds to those critiques, reiterating the importance of the issue and analysing developments since 2010, including the adoption of the Australian plain packaging legislation.