dean22029/WTO_Docs huggingface dataset:
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Honduras
Date: 30 July 2012
Document codes: WT/DS441/4
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

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

Request to Join Consultations

Communication from Honduras

 The following communication, dated 26 July 2012, from the delegation of Honduras to the
delegation of Australia, the delega tion of Dominican Republic 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 , Honduras notifies the consulting Member s and the Dispute Settlement Body
of its desire to be joined in the consulta tions requested by the Dominican Republic in Australia –
Certain Measures Concerning Trademarks, Geogr aphical Indications and Other Plain Packaging
Requirements Applicable to Tobacco Products and Packaging. This request for consultations was
circulated to WTO Members on 23 July 2012 ().
Honduras has a substantial trade interest in these consultations. Honduras is a major producer
and exporter of tobacco products.

The Government of Honduras looks forward to receiving your reply.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Nicaragua
Date: 30 July 2012
Document codes: WT/DS441/5
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

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

Request to Join Consultations

Communication from Nicaragua

 The following communication, dated 25 July 2012, from the delegation of Nicaragua to the
delegation of Australia, the delegation of the Do minican Republic 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 Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of Nicaragua hereby notifies to Australia, Dominican
Republic and Dispute Settlement Body its interest to be joined in the consultations requested by the
Government of Dominican Republic under Articles 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, Article 64 of the Agreement on Trade-Related Aspects of
Intellectual Property Rights (the "TRIPS Agreemen t"), Article 14 of the Agreement on Technical
Barriers to Trade (the "TBT Agreement"), and Ar ticle XXII of the General Agreement on Tariffs and
Trade 1994 (the "GATT 1994") concerning certain Australian laws and re gulations that impose
trademark restrictions and other plain packaging requirements on tobacco products and packaging (the
"measures").

Our country has a substantial trade interest in these consultations as manufacturer of cigars
which represent one of the most important exports to Nicaragua and the Australian measures will
undermine the competitive opportunities having also a negative impact in the production and
employment in this sector. Nicaragua respectfully asks that its substantial trade interests in these
consultations be recognized.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Guatemala
Date: 30 July 2012
Document codes: WT/DS441/6
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

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

Request to Join Consultations

Communication from Guatemala

 The following communication, dated 25 July 2012, from the delegation of Guatemala to the
delegation of Australia, the delegation of the Do minican Republic and to the Chairperson of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

In accordance with Article 4.11 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (the "DSU"), the Government of Gu atemala hereby notifies its desire to
join in the consultations requested by the Domini can Republic concerning certain Australian laws and
regulations that impose trademark restrictions a nd other plain packaging requirements on tobacco
products and packaging.
The request for consultations to Australia fro m the Dominican Republic, dated 18 July 2012,
was circulated to the WTO Members on 23 July 2012 as document , ,

Guatemala has a substantial trade interest in these consultations, as it exports more than
US 54 millions of tobacco and tobacco products. Add itionally, Guatemala has a systemic interest in
public health issues; in particular, how Memb ers reconcile their obligations under the WTO
Agreements and the achievement of their own legitimate objectives.
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 the Members. Looking forward to hearing from you at your earliest
convenience, I would like to take this opportunity to thank you for considering this request.
AUSTRALIA - CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from El Salvador
Date: 31 July 2012
Document codes: WT/DS441/7
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

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

Request to Join Consultations

Communication from El Salvador

 The following communication, dated 27 July 2012, from the delegation of El Salvador to the
delegation of Australia, the delegation of the Do minican Republic 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 (D SU), El Salvador hereby notifies its wish to
be joined in the consultations requested by the Government of the Dominican Republic.
1
The consultations were requested by means of the corresponding communications circulated to
WTO Members on 23 July 2012 under the title .

 El Salvador has a systemic interest in the proper implementation of the Agreement on
Technical Barriers to Trade (TBT Agreement) and the Agreement on Trade-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 respectfully requests Australia to accept its claim of a systemic
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, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from the European Union
Date: 31 July 2012
Document codes: WT/DS441/8; WT/DS441/1; G/L/992; G/TBT/D/41; IP/D/32
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

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

Request to Join Consultations

Communication from the European Union

 The following communication, dated 27 July 2012, from the delegation of the
European Union to the delegation of Australia, the delegation of Dominican Republic 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 23 July 2012
(, , , ) entitled , by which the Dominican Republic 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 the Dominican Republic and the Dispute 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 the Dominican Republic.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Brazil
Date: 31 July 2012
Document codes: WT/DS441/9
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

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

Request to Join Consultations

Communication from Brazil

 The following communication, dated 27 July 2012, from the delegation of Brazil to the
delegation of Australia, the delega tion of Dominican Republic 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 DSU, I would like to inform you that Brazil considers it has a
substantial trade interest in the following dispute: Australia - Certain Measures Concerning
Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to
Tobacco Products and Packaging (DS441).

 In light of the above, I have been instructed to express Brazil's desire to be joined in
consultations requested by the Dominican Republic in document I look forward to
receiving Australia's reply to this request.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Ukraine
Date: 31 July 2012
Document codes: WT/DS441/10; WT/DS441/1; G/L/992; G/TBT/D/41; IP/D/32
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

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

Request to Join Consultations

Communication from Ukraine

 The following communication, dated 27 July 2012, from the delegati on of Ukraine to the
delegation of Australia, the delega tion of Dominican Republic and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

I have the honour to refer to a communication circulated to WTO Members on 23 July 2012
(; ; ; ) entitled Australia - Certain Measures Concerning
Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to
Tobacco Products and Packaging by which the Dominican Republic requests to hold consultations
with Australia.
Ukraine has a substantial trade interest in the present dispute because it is a significant
producer and exporter of tobacco products. Therefore, Ukraine has a systemic interest in the
application and interpretation of the provisions of the relevant WTO Agreements.

In view of the above, and pursuant to Article 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes , my authorities have instructed me to notify hereby
the Governments of Australia, of the Dominican Republic and the Dispute Settlement Body of the
desire of Ukraine to be joined in the consultations requested by the Dominican Republic.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from South Africa
Date: 2 August 2012
Document codes: WT/DS441/11
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

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

Request to Join Consultations

Communication from South Africa

 The following communication, dated 30 July 2012, from the delegation of South Africa to the
delegation of Australia, the delega tion of Dominican Republic 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 Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), South Africa hereby notifies the Governments of Australia and the
Dominican Republic of its request to be joined in the consultations requested by the Dominican
Republic in the document circulated to WTO Members on 23 July 2012 entitled Australia – Certain
Measures Concerning Trademarks, Geographica l Indications and Other Plain Packaging
Requirements Applicable to Tobacco Products and Packaging ().

South Africa has a systemic interest in the app lication and interpretation of the provisions of
the relevant WTO Agreements, in particular, the TRIPS Agreement. South Africa keenly follows
how matters relating to the balance between public health and trade obligations, are resolved.

In view of this systemic interest that we ha ve in this matter, South Africa wishes to notify
Australia, the Dominican Republic and the Dispute Settle ment Body that it desir es to be joined in the
consultations requested by the Dominican Republic. We look forward to acceptance of this request.
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Canada
Date: 6 August 2012
Document codes: WT/DS441/12
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

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

Request to Join Consultations

Communication from Canada

 The following communication, dated 2 August 2012, from the delegation of Canada to the
delegation of Australia, the delega tion of Dominican Republic and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 In accordance with 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 the Dominican Republic under Article 4 of the DSU, Article XXII of the
General Agreement on Tariffs and Trade 1994 , Article 64.1 of the Agreement on Trade-Related
Aspects of Intellectual Property Rights and Article 14.1 of the Agreement on Technical Barriers to
Trade with respect to certain Australian measures relating to trademarks, geographical indications and
other plain packaging requirements applicable to tobacco products and packaging.

The relevant communication from the Permanen t Mission of the Dominican Republic, dated
18 July 2012, was circulated to WTO Members on 23 July 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, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Request to Join Consultations Communication from Norway
Date: 7 August 2012
Document codes: WT/DS441/13
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

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

Request to Join Consultations

Communication from Norway

 The following communication, dated 25 July 2012, from the delegation of Norway to the
delegation of Australia, the delegation of the Do minican Republic 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 the Dominican Republic on 18 July 2012 in a communication
circulated to Members on 23 July 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, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING
Document: Acceptance by Australia of the Requests to Join Consultations Brazil, Canada, El Salvador, the European  Union, Guatemala, Honduras, New Zealand, Nicaragua, Norway, South Africa, Ukraine and Urug uay notified the Dispute Settlement Body (DSB) of their desire to be joined in the consultations  requested by the Dominican Republic, pursuant to Article 4.11 of the DSU. The delegation of Australia informed the DSB that it had accepted the requests of Brazil, Canada, El Salvador, the European Union, Guat emala, Honduras, New Zealand, Nicaragua, Norway, South Africa, Ukraine and Uruguay to join the consultations.
Date: 16 August 2012
Document codes: WT/DS441/14
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

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

Acceptance by Australia of the Requests to Join Consultations

 Brazil, Canada, El Salvador, the European Union, Guatemala, Honduras, New Zealand,
Nicaragua, Norway, South Africa, Ukraine and Urug uay notified the Dispute Settlement Body (DSB)
of their desire to be joined in the consultations requested by the Dominican Republic, pursuant to
Article 4.11 of the DSU.

 The delegation of Australia informed the DSB that it had accepted the requests of Brazil,
Canada, El Salvador, the European Union, Guat emala, Honduras, New Zealand, Nicaragua, Norway,
South Africa, Ukraine and Uruguay to join the consultations.
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/DS441/18
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  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/DS441)
was established by the DSB on 25 April 2014 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/DS441/20
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  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/DS441)
was established by the DSB on 25 April 2014 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/DS441/21
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  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 December 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 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 ind icate
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 Produc ts and Packaging (WT/DS441)
was established by the DSB on 25 April 2014 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 2 9 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/DS441/22
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  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 t he 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 Produc ts and
Packaging (WT/DS441) was establ ished by the DSB on 25 April 2014 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 the com plexity 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 lette r to the Members of the DSB.
AUSTRALIA - CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING PANEL REPORTS
Document: Action by the Dispute Settlement Body
Date: 28 August 2018
Document codes: WT/DS441/24; WT/DS458/22; WT/DS441/R; WT/DS441/R/Add.1; WT/DS441/R/Suppl.1; WT/DS458/R; WT/DS458/R/Add.1; WT/DS458/R/Suppl.1
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

AUSTRALIA - CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL
INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING
PANEL REPORTS
Action by the Dispute Settlement Body
At its meeting on 27 August 2018, the Dispute Settlement Body adopted the Panel reports
on Australia - Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging
(, , and , ,

AUSTRALIE - CERTAINES MESURES CONCERNANT LES MARQUES DE
FABRIQUE OU DE COMMERCE, LES INDICATIONS GÉOGRAPHIQUES
ET AUTRES PRESCRIPTIONS EN MATIÈRE D'EMBALLAGE NEUTRE
RAPPORTS DES GROUPES SPÉCIAUX
Groupes spéciaux Australie - Certaines mesures concernant les marques de fabrique ou de commerce,
les indications géographiques et autres prescriptions en matière d'emballage neutre applicables aux
et , , ).

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
Actuación del Órgano de Solución de Diferencias
En su reunión de 27 de agosto de 2018, el Órgano de Solución de Diferencias adoptó los informes de los
de comercio, indicaciones geográficas y otras prescripciones de empaquetado genérico aplicables a los
productos de tabaco y al empaquetado de esos productos (WT/DS441/R, WT/DS441/R/Add.1,
WT/DS441/R/Suppl.1 y WT/DS458/R, WT/DS458/R/Add.1, WT/DS458/R/Suppl.1).
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING PANEL REPORTS
Document: Action by the Dispute Settlement Body Corrigendum The original document inadvertently referenced the Panel report on Australia – Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging  (WT/DS441/R, WT/DS441/R/Add. 1, and WT/DS441/R/Suppl.1). This Panel report was appealed on 23 August 2018 and not adopted. The text of the document should read as follows:
Date: 30 August 2018
Document codes: WT/DS441/24/Corr.1; WT/DS458/22/Corr.1; WT/DS441/R; WT/DS441/R/Add.; WT/DS441/R/Suppl.1
Complainant: Dominican
Respondent: Australia
Third parties: Argentina, Brazil, Canada, Chile, EU, Guatemala, Honduras, India, Japan, South Korea, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Philippines, Russia, Singapore, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, U.S., China, Nigeria, Indonesia, Peru, Saudi Arabia, South Africa, Cuba, Uruguay, Zimbabwe, Ecuador
Dispute stage: Appellate Body
Agreements cited: Art. 2.1, 3.1, 15.4, 20, 22.2(b), 24.3  Intellectual Property (TRIPS)Art. 2.1, 2.2  Technical Barriers to Trade (TBT)Art. III:4  GATT 1994Art. 16.1  Intellectual Property (TRIPS)

AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS, GEOGRAPHICAL
INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO
TOBACCO PRODUCTS AND PACKAGING
PANEL REPORTS
Action by the Dispute Settlement Body
Corrigendum
The original document inadvertently referenced the Panel report on Australia – Certain Measures
Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements
Applicable to Tobacco Products and Packaging (, 1, and
). This Panel report was appealed on 23 August 2018 and not adopted.

The text of the document should read as follows:

At its meeting on 27 August 2018 , the Dispute Settlement Body adopted the Panel report
on Australia – Certain Measures Concerning Trademarks, Geographical Indications and
Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (,
, and ).
EUROPEAN UNION – ANTI-DUMPING MEASURES ON IMPORTS OF CERTAIN FATTY ALCOHOLS FROM INDONESIA CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF INDONESIA
Document: Note by the Secretariat
Date: 19 December 2014
Document codes: WT/DS442/3; WT/DS442/2; WT/DS442/2
Complainant: Indonesia
Respondent: EU
Third parties: India, South Korea, Turkey, U.S., Malaysia, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. 2.3, 2.4, 5.8, 3.1, 3.4, 3.5, 9.4, 9.2  Anti-dumpingArt. X:3(a)  GATT 1994Art. 2.6, 4.1, 3.2, 3.3, 6.7, 6.9, 1, 18  Anti-dumpingArt. VI  GATT 1994

EUROPEAN UNION – ANTI-DUMPING MEASURES ON IMPORTS OF
CERTAIN FATTY ALCOHOLS FROM INDONESIA
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF INDONESIA
Note by the Secretariat
1. At its meeting on 25 June 2013, the Dispute Settlement Body (DSB) established a panel
pursuant to the request of Indonesia 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 referred to the DSB by Indonesia 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 8 December 2014, Indonesia 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 18 December 2014, the Director-General accordingly composed the Panel as follows:

 Chairperson: Mr Paul O'Connor

 Members: Mr Greg Tereposky
 Mr Mateo Diego Fernández

5. India, Korea, Malaysia, Thailand, Turkey, and the United States have reserved their rights to
participate in the Panel proceedings as third parties.
EUROPEAN UNION – ANTI-DUMPING MEASURES ON IMPORTS OF CERTAIN FATTY ALCOHOLS FROM INDONESIA COMMUNICATION FROM THE PANEL
Document: COMMUNICATION FROM
Date: 11 June 2015
Document codes: WT/DS442/4
Complainant: Indonesia
Respondent: EU
Third parties: India, South Korea, Turkey, U.S., Malaysia, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. 2.3, 2.4, 5.8, 3.1, 3.4, 3.5, 9.4, 9.2  Anti-dumpingArt. X:3(a)  GATT 1994Art. 2.6, 4.1, 3.2, 3.3, 6.7, 6.9, 1, 18  Anti-dumpingArt. VI  GATT 1994

EUROPEAN UNION – ANTI-DUMPING MEASURES ON IMPORTS OF
CERTAIN FATTY ALCOHOLS FROM INDONESIA
COMMUNICATION FROM THE PANEL
The following communication, dated 11 June 2015, 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 Procedures 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 referenc e 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 on European Union – Anti-Dumping Measures on Imports of Certain Fatty Alcohols from
Indonesia (WT/DS442) was established by the DSB on 25 June 2013 and composed on
19 December 2014.

The beginning of the Panel's work has been delayed as a result of a lack of available experienced
lawyers in the Secretariat. The Panel expects to be gin its substantive work shortly and to issue its
final report to the parties in the second half of 2016.
EUROPEAN UNION – ANTI-DUMPING MEASURES ON IMPORTS OF CERTAIN FATTY ALCOHOLS FROM INDONESIA NOTIFICATION OF AN APPEAL BY INDONESIA UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Document: AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW Corrigendum1
Date: 5 September 2017
Document codes: WT/DS442/5/Corr.1
Complainant: Indonesia
Respondent: EU
Third parties: India, South Korea, Turkey, U.S., Malaysia, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. 2.3, 2.4, 5.8, 3.1, 3.4, 3.5, 9.4, 9.2  Anti-dumpingArt. X:3(a)  GATT 1994Art. 2.6, 4.1, 3.2, 3.3, 6.7, 6.9, 1, 18  Anti-dumpingArt. VI  GATT 1994

EUROPEAN UNION – ANTI-DUMPING MEASURES ON IMPORTS OF
CERTAIN FATTY ALCOHOLS FROM INDONESIA
NOTIFICATION OF AN APPEAL BY INDONESIA
UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES
AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU),
AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Corrigendum1
The following communication, dated 15 February 2017, from the delegation of Indonesia, is being
circulated to Members.

Please note that Paragraph 1, in the Notification of an Appeal by Indonesia, should read:
1. The Panel erred in the interpretation and application of Article 2.4 of the
Anti-Dumping Agreement when finding that Indonesia had not demonstrated that, in its
determinations in the anti-dumping investigation at issue in this dispute, the EU Commission had
acted inconsistently with this provision by making an adjustment to the export price for one of
the investigated producer/exporters to account for intra-company transfers between the producer
and its closely affiliated sales entity.2