Tag: Appellate Body

Uncategorized

Saudi Arabia and Qatar Mutually Agree to Suspend IP Dispute at the WTO

Emmanuel OkeLeave a comment

In July 2020, I blogged about Saudi Arabia’s appeal of the panel report in the Saudi Arabia – Measures Concerning the Protection of Intellectual Property Rights dispute. There is now an update regarding this dispute. The parties to the dispute, Saudi Arabia and Qatar, have both agreed to suspend the appellate proceedings and any proceedings… Continue reading Saudi Arabia and Qatar Mutually Agree to Suspend IP Dispute at the WTO

2020 · Australia · Intellectual Property · International Trademark Law · IP Policy · Tobacco Plain Packaging · TRIPS Agreement

Is it Necessary to Consider Alternative Measures under Article 20 of the TRIPS Agreement?

Emmanuel Oke1 Comment

This week, I continue with my analysis of the Appellate Body’s decision on the trademark issues in the Australia – Plain Packaging case. (For previous posts in this regard, see here and here). In this post, the focus will be on whether it is necessary to consider alternative measures when deciding whether an encumbrance is justifiable pursuant… Continue reading Is it Necessary to Consider Alternative Measures under Article 20 of the TRIPS Agreement?

2020 · Intellectual Property · International Trademark Law · IP Policy · Tobacco Plain Packaging · Trademark · Uncategorized

Does Article 20 of TRIPS require a Rigid & Exact Set of Factors to Determine Whether an Encumbrance is Unjustifiable?

Emmanuel Oke2 Comments

Last week, I blogged about the recent decision of the WTO’s Appellate Body that upheld Australia’s  tobacco plain packaging measures. While the Appellate Body largely agreed with the earlier interpretation of both Articles 16(1) and 20 of the TRIPS Agreement by a dispute settlement panel (hereinafter, panel), there are some notable differences in the way… Continue reading Does Article 20 of TRIPS require a Rigid & Exact Set of Factors to Determine Whether an Encumbrance is Unjustifiable?

2020 · International Trademark Law · IP Policy · Tobacco Plain Packaging · Trademark · Uncategorized

NEWSFLASH: WTO’S Appellate Body Upholds Australia’s Tobacco Plain Packaging Measures

Emmanuel Oke3 Comments

This is a quick update regarding the Australia – Plain Packaging case. I have commented on the earlier decision of the WTO’s dispute settlement panel in a short piece available here. In its report, the panel upheld Australia’s tobacco plain packaging measures (TPP measures) as compatible with the TRIPS Agreement. However, two of the complainants… Continue reading NEWSFLASH: WTO’S Appellate Body Upholds Australia’s Tobacco Plain Packaging Measures