AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF UKRAINE NOTE BY THE SECRETARIAT
Document: NOTE BY THE SECRETARIAT
Date: 6 May 2014
Document codes: WT/DS434/13; WT/DS434/11
Complainant: Ukraine
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Dominican, Ecuador, EU, Guatemala, Honduras, India, Indonesia, Japan, South Korea, New Zealand, Nicaragua, Norway, Oman, Philippines, Singapore, Taiwan, Turkey, U.S., Uruguay, Zambia, Zimbabwe, Chile, China, Cuba, Egypt, Malaysia, Mexico, Moldova, Nigeria, Peru, Thailand, Malawi
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 15.1, 15.4, 1.1, 16.1, 16.3, 20, 2.1, 3.1  Intellectual Property (TRIPS)Art. 2.1  Technical Barriers to Trade (TBT)Art. I, III:4  GATT 1994

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS
AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF UKRAINE
NOTE BY THE SECRETARIAT
1. At its meeting on 28 September 2012, the Dispute Settlement Body (DSB) established a
panel pursuant to the request of Ukraine in document , in accordance with Article 6
of the Understanding on Rules and Procedures 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 refe rred to the DSB by Ukraine 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 24 March 2014, Ukraine requested the Direct or-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

5. Argentina, Brazil, Canada, Chile, China, Cu ba, the Dominican Republic, Ecuador, Egypt, the
European Union, Guatemala, Honduras, India, In donesia, Japan, the Republic of Korea, Malawi 3,
Malaysia, Mexico, the Republic of Moldova, New Zealand, Nicaragua, Nigeria, Norway, Oman, Peru,
the Philippines, Singapore, Chinese Taipei, Thaila nd, Turkey, the United States, Uruguay, Zambia,
and Zimbabwe have reserved their rights to participate in the Panel proceedings as third parties.