The legality of Australia’s plain packaging legislation: Cuban cigars and geographical indication rights under the TRIPS Agreement

Australia’s ‘plain packaging’ legislation mandates the removal of all promotional aspects of tobacco packaging, leaving only the brand name displayed in a standard font, size, colour and location on tobacco products sold in Australia. In response to this measure, Ukraine, Honduras, Cuba, Indonesia and the Dominican Republic have engaged in dispute consultations at the World Trade Organization (WTO), claiming the Act violated their rights under several WTO Agreements, including the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement. This essay will analyse Cuba’s claims under Article 22 and 24 of this agreement regarding the plain packaging of Cuban cigars and their geographical indication rights in Australia. This essay will argue that given Australia’s strong legal framework to protect geographical indications, and the increasingly harmonious approach by the WTO to support the World Health Organization’s public health policies, Australia is likely to successfully defend Cuba’s claim.