dean22029/WTO_Docs huggingface dataset:
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from the European Union
Date: 20 April 2012
Document codes: WT/DS435/8; WT/DS435/1; G/TBT/D/40; G/L/986; IP/D/31
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 AND
OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING

Request to Join Consultations

Communication from the European Union

 The following communication, dated 18 April 2012, from the delegation of the
European Union to the delegation of Australia, th e delegation of Honduras and to the Chairperson of
the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

This letter relates to a communication circulated to WTO Members on 10 April 2012
(, , , ) entitled Australia – Certain Measures concerning
Trademarks and other Plain Packaging Requiremen ts Applicable to Tobacco Products and
Packaging, by which Honduras requests to hold consultations with Australia.
The consultations will touch upon issues concer ning the balance between health and other
interests in domestic measures, under the prism of three WTO agreements: the TRIPS Agreement, the
TBT Agreement, and the GATT 1994. The European Union attaches great importance to the pursuit
of policies aimed at tackling the negative health effects of tobacco consumption and it has adopted
measures in that regard. At the same time, the Eu ropean Union is the world's leading importer of raw
tobacco, it imports significant volumes of manufactured tobacco, and it is the largest exporter of
cigars and cigarettes.
In view of the foregoing, and pursuant to Article 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes , the European Union hereby notifies the
Governments of Australia, of Honduras and the Dis pute Settlement Body that, in the light of the
substantial trade interest of the European Union, it desires to be joined in the consultations requested
by Honduras.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Ukraine
Date: 20 April 2012
Document codes: WT/DS435/9
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 AND
OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING

Request to Join Consultations

Communication from Ukraine

 The following communication, dated 18 April 2012, from the delegation of Ukraine to the
delegation of Australia, the delega tion of Honduras and to the Chairperson of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), Ukraine hereby notifies the Government of Honduras, the Government
of Australia, and the Dispute Settlement Body that, in the light of the substantial trade interest of
Ukraine, it desires to be joined in the consu ltations requested by Honduras in a communication
circulated to WTO Members on 10 April 2012 (, , , )
entitled Australia - Certain Measures Concern ing Trademarks and Other Plain Packaging
Requirements Applicable to Tobacco Products and Packaging.

Ukraine is an important producer and exporter of tobacco products and therefore Ukraine has
a substantial trade interest as well as a systemic interest in these proceedings.

Ukraine looks forward to being informed of the date and venue of the consultations.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Canada
Date: 23 April 2012
Document codes: WT/DS435/10
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 AND
OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING

Request to Join Consultations

Communication from Canada

 The following communication, dated 19 April 2012, from the delegation of Canada to the
delegation of Australia, the delega tion of Honduras and to the Chairperson of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of Canada here by notifies its desire to join in the
consultations requested by Honduras pursuant to Article 4 of the DSU, Article 64 of the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), Article 14 of the
Agreement on Technical Barriers to Trade (TBT Agreement), and Article XXII of the General
Agreement on Tariffs and Trade 1994 (GATT 1994) with respect to certain Australian restrictions on
trademarks and other plain packaging requirements applicable to tobacco products for retail sale.

The relevant communication to the Permanen t Mission of Australia from the Permanent
Mission of Honduras, dated 4 April 2012, was circulated to WTO Members on 10 April 2012 as

Canada has a substantial trade interest in these proceedings as an importer of tobacco
products and the interpretation of WTO obligations in this dispute could materially affect Canadian
domestic measures. Accordingly, Canada requests to join in these consultations.

 A copy of this letter is being sent to the Ch airman of the Dispute Settlement Body, with a
request that it be circulated to Members.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Corrigendum In documents WT/DS435/7, WT/DS435/8, WT/D S435/9 and WT/DS435/10, the title should read: AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING AUSTRALIE – CERTAINES MESURES CONCERNANT LES MARQUES DE FABRIQUE OU DE COMMERCE ET AUTRES PRESCRIPTIONS EN MATIÈRE D'EMBALLAGE NEUTRE
Date: 24 July 2012
Document codes: WT/DS435/7/Corr.1; WT/DS435/8/Corr.1; WT/DS435/9/Corr.1; WT/DS435/10/Corr.1; WT/DS435/7; WT/DS435/8; WT/DS435/10
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
AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE
TO TOBACCO PRODUCTS AND PACKAGING

Request to Join Consultations

Corrigendum

 In documents , , WT/D S435/9 and , the title should read:

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING

AUSTRALIE – CERTAINES MESURES CONCERNANT LES MARQUES DE FABRIQUE OU DE
COMMERCE ET AUTRES PRESCRIPTIONS EN MATIÈRE D'EMBALLAGE NEUTRE

Corrigendum

comme suit:

AUSTRALIE – CERTAINES MESURES CONCERNANT LES MARQUES DE FABRIQUE OU
DE COMMERCE, LES INDICATIONS GÉOGRAPHIQUES ET AUTRES PRESCRIPTIONS
EN MATIÈRE D'EMBALLAGE NEUTRE APPLICABLES AUX PRODUITS

AUSTRALIA - DETERMINADAS MEDIDAS RELATIVAS A LAS MARCAS
DE FÁBRICA O DE COMERCIO Y OTRAS PRESCRIPCIONES DE
EMPAQUETADO GENÉRICO APLICABLES A LOS PRODUCTOS
DE TABACO Y AL EMPAQUETADO DE ESOS PRODUCTOS

Solicitud de asociación a las consultas

Corrigendum

siguiente:

AUSTRALIA - DETERMINADAS MEDIDAS RELATIVAS A LAS MARCAS DE FÁBRICA
O DE COMERCIO, INDICACIONES GEOGRÁFICAS Y OTRAS PRESCRIPCIONES DE
EMPAQUETADO GENÉRICO APLICABLES A LOS PRODUCTOS DE TABACO
Y AL EMPAQUETADO DE ESOS PRODUCTOS
AUSTRALIA - CERTAIN MEASURES CONCERNING TRADEMARKS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from El Salvador
Date: 24 April 2012
Document codes: WT/DS435/11
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 AND
OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING

Request to Join Consultations

Communication from El Salvador

 The following communication, dated 19 April 2012, from the delegation of El Salvador to the
delegation of Australia, the delega tion of Honduras and to the Chairperson of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 In accordance with the provisions of Ar ticle 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU), El Salvador hereby notifies its wish to be
joined in the consultations requested by the Government of Honduras (DS435).
1 The consultations
were requested by means of the corresponding communications circulated to WTO Members
on 10 April 2012 under the title .

 El Salvador considers that it has a substantia l trade interest in this dispute, as well as a
systemic interest in the proper implementation of the WTO Agreement on Technical Barriers to
Trade (TBT Agreement) and the Agreement on Tr ade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement), and in the scope of the rights and obligations of Members with respect to
the regulation of tobacco legislation and the protection of health.

 Accordingly, El Salvador requests Australia to accept its claim of a substantial trade interest
and its request to be joined in the consultations.

 Pending your reply, please accept the assurances of my highest consideration.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Norway
Date: 24 April 2012
Document codes: WT/DS435/12
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 AND
OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING

Request to Join Consultations

Communication from Norway

 The following communication, dated 20 April 2012, from the delegation of Norway to the
delegation of Australia, the delega tion of Honduras and to the Chairperson of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 My authorities have instructed me to re quest, pursuant to Article 4.11 of the WTO
Understanding on Rules and Procedures Governing the Settlement of Disputes, that Norway be joined
in the consultations requested by Honduras on 4 April 2012 in a communication circulated to
Members on 10 April 2012 entitled ().

Norway is currently in the process of implemen ting revisions to its own tobacco policy, and
has already introduced a number of measures in order to reduce smoking. Norway thus has a
substantial trade interest in this dispute.

Norway looks forward to receiving Australia's reply to this request.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from the Philippines
Date: 24 April 2012
Document codes: WT/DS435/13
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 AND
OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING

Request to Join Consultations

Communication from the Philippines

 The following communication, dated 20 April 2012, from the delegation of the Philippines to
the delegation of Australia, the delegation of Honduras and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) , the Philippines hereby notifies the Governments of Australia and
Honduras of its request to be joined in the cons ultations requested by Honduras in the document
circulated to WTO Members on 10 April 2012 entitled Australia – Certain Measures Concerning
Trademarks and Other Plain Packaging Requiremen ts Applicable to Tobacco Products and
Packaging ().

The Philippines has a substantial trade interest in the subject of the consultations and a
systemic interest in the application and interp retation of the provisions of the relevant WTO
Agreements.

We look forward to acceptance of this request. We would also be grateful of being informed
of the date and venue for the consultations. I ha ve further requested that this communication be
circulated to the Members of the DSB.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Indonesia
Date: 24 April 2012
Document codes: WT/DS435/14
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 AND
OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING

Request to Join Consultations

Communication from Indonesia

 The following communication, dated 20 April 2012, from the delegation of Indonesia to the
delegation of Australia, the delega tion of Honduras and to the Chairperson of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes, the Government of the Republic of Indonesia notifies the consulting Members
and the Dispute Settlement Body of its desire to be joined in the consultations requested by the
Government of Honduras, as a third party in Australia – Certain Measures Concerning Trademarks
and Other Plain Packaging Requirements App licable to Tobacco Products and Packaging . This
request for consultations was circulated to WTO Members on 10 April 2012 ().

Indonesia has a substantial trade interest in th is consultation. Indonesia is a major producer
and exporter of tobacco and tob acco products worldwide. In particular, Indonesia is a leading
cigarettes and tobacco producer and exporter globally.

The Government of Indonesia looks forward to receiving your reply.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Corrigendum In documents WT/DS435/11, WT/DS435/12, WT/D S435/13 and WT/DS435/14, the title should read: AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING AUSTRALIE – CERTAINES MESURES CONCERNANT LES MARQUES DE FABRIQUE OU DE COMMERCE ET AUTRES PRESCRIPTIONS EN MATIÈRE D'EMBALLAGE NEUTRE APPLICABLES AUX PRODUITS DU TABAC ET À LEUR EMBALLAGE
Date: 24 July 2012
Document codes: WT/DS435/11/Corr.1; WT/DS435/12/Corr.1; WT/DS435/13/Corr.1; WT/DS435/14/Corr.1; WT/DS435/11; WT/DS435/12; WT/DS435/14
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
AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE
TO TOBACCO PRODUCTS AND PACKAGING

Request to Join Consultations

Corrigendum

 In documents , , WT/D S435/13 and , the title should read:

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING

AUSTRALIE – CERTAINES MESURES CONCERNANT LES MARQUES DE FABRIQUE
OU DE COMMERCE ET AUTRES PRESCRIPTIONS EN MATIÈRE D'EMBALLAGE

Corrigendum

lire comme suit:

AUSTRALIE – CERTAINES MESURES CONCERNANT LES MARQUES DE FABRIQUE
OU DE COMMERCE, LES INDICATIONS GÉOGRAPHIQUES ET AUTRES PRESCRIPTIONS
EN MATIÈRE D'EMBALLAGE NEUTRE APPLICABLES AUX PRODUITS

AUSTRALIA – DETERMINADAS MEDIDAS RELATIVAS A LAS MARCAS
DE FÁBRICA O DE COMERCIO Y OTRAS PRESCRIPCIONES DE
EMPAQUETADO GENÉRICO APLICABLES A LOS PRODUCTOS
DE TABACO Y AL EMPAQUETADO DE ESOS PRODUCTOS

Solicitud de asociación a las consultas

Corrigendum

lo siguiente:

AUSTRALIA – DETERMINADAS MEDIDAS RELATIVAS A LAS MARCAS DE FÁBRICA
O DE COMERCIO, INDICACIONES GEOGRÁFICAS Y OTRAS PRESCRIPCIONES DE
EMPAQUETADO GENÉRICO APLICABLES A LOS PRODUCTOS DE TABACO
Y AL EMPAQUETADO DE ESOS PRODUCTOS
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Acceptance by Australia of the Requests to Join Consultations Corrigendum In document WT/DS435/15, the title should read: AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING AUSTRALIE – CERTAINES MESURES CONCERNANT LES MARQUES DE FABRIQUE OU DE COMMERCE ET AUTRES PRESCRIPTIONS EN MATIÈRE D'EMBALLAGE NEUTRE APPLICABLES AUX PRODUITS DU TABAC ET À LEUR EMBALLAGE
Date: 24 July 2012
Document codes: WT/DS435/15/Corr.1; WT/DS435/15
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 AND
OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING

Acceptance by Australia of the Requests to Join Consultations

Corrigendum

 In document , the title should read:

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING

AUSTRALIE – CERTAINES MESURES CONCERNANT LES MARQUES DE FABRIQUE
OU DE COMMERCE ET AUTRES PRESCRIPTIONS EN MATIÈRE D'EMBALLAGE

Corrigendum

AUSTRALIE – CERTAINES MESURES CONCERNANT LES MARQUES DE FABRIQUE
OU DE COMMERCE, LES INDICATIONS GÉOGRAPHIQUES ET AUTRES
PRESCRIPTIONS EN MATIÈRE D'EMBALLAGE NEUTRE APPLICABLES

AUSTRALIA – DETERMINADAS MEDIDAS RELATIVAS A LAS MARCAS
DE FÁBRICA O DE COMERCIO Y OTRAS PRESCRIPCIONES DE
EMPAQUETADO GENÉRICO APLICABLES A LOS PRODUCTOS
DE TABACO Y AL EMPAQUETADO DE ESOS PRODUCTOS

Corrigendum

AUSTRALIA – DETERMINADAS MEDIDAS RELATIVAS A LAS MARCAS DE FÁBRICA
O DE COMERCIO, INDICACIONES GEOGRÁFICAS Y OTRAS PRESCRIPCIONES
DE EMPAQUETADO GENÉRICO APLICABLES A LOS PRODUCTOS
DE TABACO Y AL EMPAQUETADO DE ESOS PRODUCTOS
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 14 October 2014
Document codes: WT/DS435/19
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
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 10 October 2014, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body.

Article 12.8 of the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes
(DSU) provides that the period in which a panel shall conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel in Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS435)
was established by the DSB on 25 September 2013 and composed on 5 May 2014.

The Panel expects to issue its final report to the parties not before the first half of 2016, in
accordance with the timetable adopted by the Pa nel on 17 June 2014 on the basis of a draft
timetable proposed by the parties.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 30 June 2016
Document codes: WT/DS435/20
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
COMMUNICATION FROM THE PANEL
The following communication, dated 29 June 2016, was received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body.

Article 12.8 of the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes
(DSU) provides that the period in which a panel shall conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel in Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS435)
was established by the DSB on 25 September 2013 and composed on 5 May 2014.

On 10 October 2014, the Panel communicated to the DSB that it "expect[ed] to issue its final
report to the parties not before the first half of 2016".

The Panel wishes to advise that it now expects to issue its final report to the parties not before the
end of 2016, in light of the complexity of the legal and factual issues that arise in this dispute.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 6 December 2016
Document codes: WT/DS435/21
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
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 1 Decembe r 2016 , addressed to the Chairperson of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing t he Settlement of Disputes
(DSU) provides that the period in which a panel shall conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and i ndicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel in Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Prod ucts and Packaging (WT/DS435)
was established by the DSB on 25 September 2013 and composed on 5 May 2014.

On 10 October 2014, the Panel communicated to the DSB that it "expect[ed] to issue its final
report to the parties not before the first half of 2016" . On 29 June 2016, the Panel communicated
to the DSB that it "expect[ed] to issue its final report to the parties not before the end of 2016".

The Panel wishes to advise that it now expects to issue its final report to the parties not before
May 2017, in light of the complexity of the legal and factual issues that arise in this dispute.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 21 September 2017
Document codes: WT/DS435/22
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
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 21 September 2017, addressed to the Chairperson of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the pe riod in w hich a panel shall conduct its examination, from
the date that the composition and terms of reference of the panel have been agreed upon
until the date the final report is issued to the parties to the dispute, shall, as a general rule,
not exceed six months.
Article 12.9 of the DSU provides that, when a panel con siders that it cannot issue its report
within six months, it shall inform the D ispute Settlement Body (DSB) in writing accordingly
and indicate the reasons, together with an estimate of the period within which it will issue
its report.
The Panel in Australia – Certain Measures Concerning Trademarks, Geographical
Indications and Other Plain Packaging Requirements Applicable to Tobacco Produ cts and
Packaging (WT/DS435) was establ ished by the DSB on 25 September 2013 and
composed on 5 May 2014.
On 6 December 2016 , the Panel communicated to the DSB that it "expect[ed] to issue its final
report to the parties not before May 2017".
In light of th e complexity of the legal and factual issues that have arisen in this dispute, t he
Panel wishes to advise th at it now expects to issue its final r eport to the parties by the end of
the third quarter of 2017.
I would be grateful if you would circulate this letter to the Members of the DSB.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Understanding on
Date: 9 June 2020
Document codes: WT/DS435/27; WT/DS441/28
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

The following communication, dated 9 June 2020, from the Presiding Member of the Division hearing
the appeals in , to the Chair of
the Dispute Settlement Body, is being circulated to Members.

It is my honour to provide to you a copy of the Reports of the Appellate Body in Australia – Certain
Measures Concerning Trademarks, Geographical Indications and Other Plain Pac kaging
Requirements Applicable to Tobacco Products and Packaging (DS435/AB/R, DS441 /AB/R). The
Reports will be circulated to Members of the at approximately 5.00 p.m.
today, in accordance with Article 17.5 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes. The three Members of the Appellate Body who served on these appeals were
Mr Shree B.C. Servansing as Presiding Member, and Mr Ujal Singh Bhatia and Mr Thomas R. Graham
as Members.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING APPELLATE BODY REPORTS AND PANEL REPORTS
Document: Action by the Dispute Settlement Body
Date: 2 July 2020
Document codes: WT/DS435/28; WT/DS441/29; WT/DS435/AB/R; WT/DS435/AB/R/Add.1; WT/DS441/AB/R; WT/DS441/AB/R/Add.1; WT/DS435/R; WT/DS435/R/Add.1; WT/DS435/R/Suppl.1; WT/DS441/R; WT/DS441/R/Add.1; WT/DS441/R/Su
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
 APPELLATE BODY REPORTS AND PANEL REPORTS
Action by the Dispute Settlement Body
At its meeting on 29 June 2020, the Dispute Settlement Body adopted the Appellate Body reports
on Australia – Certain Measures Concerning Trademarks, Geographical Indications and Other Plain
Packaging Requirements Applicable to Tobacco Prod ucts and Packaging ( and
, and ) and the Panel reports
(, , and ; , ,
and ), as upheld by the Appellate Body reports. The Panel reports should be
read in conjunction with the Appellate Body reports.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Appellate Body Report
Date: 2 April 2020
Document codes: WT/DS435/25; WT/DS441/26
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
The following communication, dated 31 March 2020 , from the Presiding Member of the Division
hearing the appeals in ,
to the Chair of the Dispute Settlement Body, is being circulated to Members.

I refer to the letter from the Chair of the Appellate Body to the Chair of the DSB, dated 17 September
2018, setting out the reasons why the Appellate Body would not be able to circulate i ts Reports in
these proceedings within the timeframe provided for in Article 17.5 of the DSU.

We would like to inform you that we expect to circulate the Appellate Body Reports in these appeals
by early June 2020. We shall communicate the specific date i n the weeks preceding such date of
circulation.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Appellate Body Report
Date: 4 June 2020
Document codes: WT/DS435/26; WT/DS441/27
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

The following communication, dated 4 June 2020, from the Presiding Member of the Division hearing
the appeals in Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Produ cts and Packaging, to the Chair of
the Dispute Settlement Body, is being circulated to Members.

I refer to the letter from the Chair of the Appellate Body to the Chair of the DSB, dated 17 September
2018, setting out the reasons why the Appellate Body would not be able to circulate its Reports in
these proceedings within the timeframe provided for in Article 17.5 of the DSU.

We can now inform you that we expect to circulate the Appellate Body Reports in these appeals no
later than Tuesday, 9 June 2020.
UNITED STATES - COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA
Document: Request to Join Consultations Communication from Canada
Date: 10 May 2012
Document codes: WT/DS436/2
Complainant: India
Respondent: U.S.
Third parties: Australia, Canada, China, EU, Saudi Arabia, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 12, 14, 15, 19, 32  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 2, 10, 11, 13, 21, 22  Subsidies and Countervailing Measures (SCM)Art. I  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES - COUNTERVAILING MEASURES ON CERTAIN
HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA

Request to Join Consultations

Communication from Canada

 The following communication, dated 7 May 2 012, from the delegation of Canada to the
delegation of the United States, the delegation of India and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of Canada hereby notifies its desire to be joined in the
consultations requested by India pursuant to Articles 1 and 4 of the DSU, Article XXII of the General
Agreement on Tariffs and Trade 1994 and Article 30 of the Agreement on Subsidies and
Countervailing Measures with regard to the imposition of c ountervailing duties by the United States
on certain hot-rolled carbon steel flat products from India.

The relevant communication to the Permanent Mission of the United States from the
Permanent Mission of India dated 24 April 2012, was circulated to WTO Members on 25 April 2012
as United States – Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from
India (, , ).

Canada has a substantial trade interest in th ese consultations given that the United States is
the largest market for Canadian exports of hot-ro lled carbon steel flat products. Accordingly, Canada
requests to be joined in these consultations.

 A copy of this letter is being sent to the Ch airman of the Dispute Settlement Body, with a
request that it be circulated to Members.
UNITED STATES - COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 9 July 2013
Document codes: WT/DS436/5
Complainant: India
Respondent: U.S.
Third parties: Australia, Canada, China, EU, Saudi Arabia, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 12, 14, 15, 19, 32  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 2, 10, 11, 13, 21, 22  Subsidies and Countervailing Measures (SCM)Art. I  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES - COUNTERVAILING MEASURES ON CERTAIN
HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA
COMMUNICATION FROM THE PANEL

The following communication, dated 8 July 2013, wa s received from the Chairperson of the Panel
with the request that it be circulated to the Dispute Settlement Body (DSB).

Article 12.8 of the Understanding on Rules and Pr ocedures Governing the Settlement of Disputes
(DSU) provides that the period in which a panel shall conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the DSB in writing accordingly and indicate the reasons, together with
an estimate of the period within which it will issue its report.

The Panel on United States – Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat
Products from India (DS436) was established by the DSB on 31 August 2012 and composed on
18 February 2013.

The Panel expects to issue its final report to th e parties by April 2014, in accordance with the
timetable adopted after consultation with the parties.
UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA COMMUNICATION FROM THE UNITED STATES AND INDIA CONCERNING ARTICLE 21.3(C) OF THE DSU
Document: COMMUNICATION FROM
Date: 9 February 2015
Document codes: WT/DS436/12
Complainant: India
Respondent: U.S.
Third parties: Australia, Canada, China, EU, Saudi Arabia, Turkey
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 12, 14, 15, 19, 32  Subsidies and Countervailing Measures (SCM)Art. VI  GATT 1994Art. 1, 2, 10, 11, 13, 21, 22  Subsidies and Countervailing Measures (SCM)Art. I  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES – COUNTERVAILING MEASURES ON CERTAIN
HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA
COMMUNICATION FROM THE UNITED STATES AND INDIA CONCERNING
ARTICLE 21.3(C) OF THE DSU
The following communication, dated 6 February 2015, from the delegation of the United States
and the delegation of India to the Chairperson of the Dispute Settlement Body, is circulated at the
request of these delegations.

At its meeting on 19 December 2014, the Dispute Settlement Body ("DSB") adopted its
recommendations and rulings in the dispute United States — Countervailing Measures on Certain
Hot-Rolled Carbon Steel Flat Products from India (DS436).

At the meeting of the DSB held on 16 January 2015, the United States announced its intention to
implement the DSB's recommendations and rulings in this dispute and stated that it would need a
reasonable period of time in which to do so.

Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the reasonable period of time shall be determined "through binding arbitration within
90 days after the date of adoption of the recommendations and rulings."

In order to allow sufficient time for the parties to discuss a mutually agreed period, India and the
United States (i) agree that, in the event an arbitration under Article 21.3(c) of the DSU is
requested, it shall be completed no later than 60 days after the date of the appointment of an
arbitrator, unless the arbitrator, following consultation with the parties, considers that additional
time is required; and (ii) hereby confirm that an y award of the arbitrator (including an award not
made within 90 days after the date of adoption of the DSB recommendations and rulings) shall be
deemed to be an award of the arbitrator for the purposes of Article 21.3(c) of the DSU in
determining the reasonable period of time for the United States to implement the
recommendations and rulings of the DSB.

We respectfully request that you circulate this notification to the Members of the DSB.