WT/DS435/24  
WT/DS441/25  
 
20 September 2018  
(18-5837) Page: 1/1 
    
 
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,  
GEOGRAPHICAL INDICAT IONS AND OTHER PLAIN  PACKAGING REQUIREME NTS 
APPLICABLE TO TOBACC O PRODUCTS AND PACKA GING  
COMMUNICATION FROM T HE APPELLATE BODY  
The following communication, dated 17  September  2018, from the Chair of the Appellate Body to 
the Chair of the Dispute Settlement Body, is being circulated to Members.  
 
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I am writing pursuant to Article 17.5 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes (DS U), which  states  that, as a general rule, the Appellate Body will circulate its 
Report no later than 60 days after the appellant has formally notified the Dispute Settlement Body 
(DSB) of its decision to appeal. Article 17.5  further states  that when the Ap pellate Body considers that 
it cannot provide its Report within 60 days,  "it shall inform the DSB in writing of the reasons for the 
delay together with an estimate of the period within which it will submit its Report.  In no case shall 
the proceedings excee d 90 days."  
 
On 19 July 2018, Honduras filed a Notice of Appeal with respect to the Panel Report in Australia – 
Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging 
Requirements Applicable to Tobacco Products and Packa ging (WT/DS435/R). On 23 August 2018, 
the Dominican Republic filed a Notice of Appeal with respect to the Panel Report in Australia – Certain 
Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging 
Requirements Applicable to Tobacco Products and Packaging  (WT/DS441/R).  On 5 September 2018, 
the Appellate Body decided to consolidate the appeals of the Panel  Reports in Australia – Tobacco 
Plain Packaging , complaints by Honduras (DS435) and the Dominican Republic (DS441), as 
conte mplated in the Procedural Ruling dated 23 July 2018.  
 
The 60 -day period expires on 17 September  2018 in Australia – Tobacco Plain Packaging , complaints 
by Honduras (DS435)  and on 22 October 2018  in Australia – Tobacco Plain Packaging , complaints by 
the Dom inican Republic (DS441) .  
 
The Appellate Body is not able to circulate its reports  by the end of the 60 -day periods, or within the 
90-day timeframe provided for in the last sentence of Article  17.5 of the DSU,  due to the exceptional 
size and complexity  of these consolidated proceedings. In this respect, we refer to the considerable 
volume of the Panel record and the size of the Panel Report, the number of issues appealed, and the 
many complex aspects of these appellate proceedings . We further note that in view of the backlog 
of appeals pending with the Appellate Body at present, and the overlap in the  composition of all 
divisions resulting in part from the reduced number of Appellate Body Members, Division Members can 
currently spend only very little time  preparing for th ese appeal s. It will not be possible for the Division 
to focus on the consideration of th ese appeal s for some time, that is, schedule internal meetings, fully 
staff them, and schedule the hearing.  
 
As soon as we know more precisely when t he division can schedule the hearing in th ese appeal s, we 
will communicate appropriately with the participants and DSB Members.  
 
 
 
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