AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF HONDURAS NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 6 May 2014
Document codes: WT/DS435/18; WT/DS435/16
Complainant: Honduras
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, China, Cuba, Dominican, EU, India, Indonesia, Japan, South Korea, New Zealand, Nicaragua, Nigeria, Norway, Oman, Panama, Philippines, South Africa, Taiwan, Thailand, Ukraine, U.S., Uruguay, Zimbabwe, Guatemala, Singapore, Guatemala, Malawi, Malaysia, Mexico, Singapore, Turkey, Zambia, Peru, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 20, 16.1, 15.4, 2.1, 24.3, 22.2(b), 3.1  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 8, 17  Intellectual Property (TRIPS)

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF HONDURAS
NOTE BY THE SECRETARIAT
1. At its meeting on 25 September 2013, the Dispute Settlement Body (DSB) established a
panel pursuant to the request of Honduras in document , in accordance with
Article 6 of the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes
(DSU).1

2. The Panel's terms of reference are the following:

To examine, in the light of the relevant pr ovisions of the covered agreements cited by
the parties to the dispute, the matter referred to the DSB by Honduras in document
 and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements.
3. On 26 March 2014, Australia requested the Director-General to determine the composition of
the Panel, pursuant to Article 8.7 of the DSU. This paragraph provides:

If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the composition of the panel by appointing the
panelists whom the Director-General considers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in the dispute, after consulting with the parties
to the dispute. The Chairman of the DSB sh all inform the Members of the composition
of the panel thus formed no later than 10 days after the date the Chairman receives
such a request.
4. On 5 May 2014
2, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr Alexander Erwin

 Members: Mr François Dessemontet
 Ms Billie Miller

1 See WT/DSB/M/337.
2 The Director-General's deadline for appointing the panelists was extended by mutual agreement of the
parties.

5. Argentina, Brazil, Canada, Chile, China, Cuba, the Dominican Republic, the European Union,
Guatemala, India, Indonesia, Japan, the Re public of Korea, Malawi, Malaysia, Mexico,
New Zealand, Nicaragua, Nigeria, Norway, Oman, Panama, Peru 3, the Philippines, Singapore,
South Africa, Chinese Taipei, Thailand, Turkey, Uk raine, the United States, Uruguay, Zambia, and
Zimbabwe have reserved their rights to participate in the Panel proceedings as third parties.