Plain Speaking: Understanding the World Trade Organisation Panel Report on Tobacco Plain Packaging
Melbourne Law School
Room 920, Level 9
185 Pelham St, Carlton
T: 8344 4799
More than six years ago, Ukraine commenced the first complaint in the World Trade Organization (WTO) against Australia’s ‘plain’ tobacco packaging scheme. Since then, four other countries have brought complaints (Cuba, the Dominican Republic, Honduras and Indonesia), while Ukraine’s complaint has lapsed. More than four years since a WTO Panel was established to hear these complaints, its report has finally been circulated and is now publicly available. If the report is appealed, its resolution is uncertain given the major ongoing difficulties created by the United States' blocking of the appointment of WTO Appellate Body Members.
In this lunchtime seminar, experts from the University of Melbourne, Monash University and the McCabe Centre for Law and Cancer will discuss the implications of the Panel’s decision in connection with a range of issues including public health, intellectual property, and regulatory autonomy.
Dr Caroline Henckels, Monash University
Dr Caroline Henckels
Dr Caroline Henckels is a Senior Lecturer in the Faculty of Law at Monash University. Caroline researches in the areas of public international law (with a focus on international economic law) and comparative public law. She is an Associate Editor of the *Journal of World Investment and Trade*, is a member of the Editorial Board of the *Alternative Law Journal*, and serves as peer reviewer for numerous academic journals and for the United Nations Conference on Trade and Development. Before joining Monash, Caroline was a ViceChancellor's Postdoctoral Research Fellow in Law at the University of New South Wales. She has taught law at the University of Cambridge and the University of Melbourne, and has acted as consultant to the McCabe Centre for Law and Cancer and the Human Rights Law Centre. She holds a PhD from the University of Cambridge, an LLM from the University of Melbourne and an LLB from Victoria University of Wellington. Caroline is admitted to practice law in the Australian federal, New Zealand and Victoria state jurisdictions, and practices as a Clinical Supervisor at Monash Law Clinics. Caroline is interested in supervising PhD and Honours students in areas including international investment law, WTO law and public law.
Professor Mark Davison, Monash University
Professor Mark Davison
Mark Davison is the author of several major works relating to intellectual property and competition law and is a special counsel with Knightsbridge Lawyers. He has written *The Legal Protection of Databases*, a book published by Cambridge University Press and is the first author of all editions of *Shanahan's Australian Law of Trade Mark and Passing Off* published since the Trade Marks Act 1995(Cth) came into effect . He is a coauthor of the three editions of *Australian Intellectual Property Law*, published by Cambridge University Press. He has coauthored *The WTO Agreement on TradeRelated Aspects of Intellectual Property Rights: A Commentary* published by Edward Elgar. He has also coauthored two casebooks dealing with competition law and aspects of consumer protection and is coauthor of the 4th and 5th editions of *Intellectual Property: Cases, Materials and Commentary* published by Lexis Nexis. He has been a Chief Investigator on 5 Australian Research Council grants and won the ViceChancellor's Award for Distinguished Teaching at Monash University. He has taught in a number of overseas programs to judges and other government officials. He was a member of the Advisory Council on Intellectual Property from 2013 until 2015, a Member of the Commonwealth Department of Health's Expert Advisory Group on Plain Packaging of Tobacco Products and has been a member of the Intellectual Property Committee of the Law Council of Australia for some years. In addition to private legal work relating to various intellectual property disputes, he has provided formal and informal advice to governments and nongovernment organisations in relation to international and national disputes concerning tobacco regulation. His work has been cited and quoted in 35 international arbitration and Australian court decisions as well as a large number of decisions of the Australian Trade Marks Office
Mr Jonathan Liberman, Director, McCabe Centre for Law and Cancer
Mr Jonathan Liberman
Director, McCabe Centre for Law and Cancer
McCabe Centre for Law and Cancer
Jonathan Liberman is Director of the McCabe Centre for Law and Cancer, a joint initiative of Cancer Council Victoria and the Union for International Cancer Control based at CCV in Melbourne, Australia. The McCabe Centre’s mission is to contribute to the effective use of the law for cancer prevention, treatment, supportive care and research. Jonathan is a lawyer with over fifteen years' experience in legal and policy research, advice, training and technical support relating to cancer control at both domestic and global levels. Jonathan has participated in numerous international intergovernmental meetings, particularly in relation to the WHO Framework Convention on Tobacco Control (WHO FCTC) and the UN Single Convention on Narcotic Drugs (in relation to the availability of controlled medicines for the relief of pain). Under Jonathan’s leadership, the McCabe Centre has become a WHO FCTC knowledge hub, assisting the Convention Secretariat to facilitate the exchange of information and cooperation between Parties to the Convention, with a focus on legal challenges to implementation of the Convention, and established an international legal training program that builds capacity and expertise in the use of law for cancer / NCD prevention and control, particularly in the context of developing coherence between health, trade, investment, human rights and sustainable development. The program is targeted primarily at government lawyers from low and middleincome countries and run in collaboration with the World Health Organization. It has had participants from over 70 countries. Jonathan has published numerous articles and book chapters on the relationships between law and cancer control, and coedited two books (with Professors Tania Voon and Andrew Mitchell), *Public Health and Plain Packaging of Cigarettes: Legal Issues*, and *Regulating Tobacco, Alcohol and Unhealthy Foods: The Legal Issues.* Jonathan is a member of the Lancet Oncology Commission on Global Cancer Surgery. He holds degrees in Arts and Law (first class honours) (Monash) and a Master of Public and International Law (Melbourne).
Ms Paula O'Brien, Co-Director, Health Law and Ethics Network
Ms Paula O'Brien
Co-Director, Health Law and Ethics Network
Health Law and Ethics Network
Paula O'Brien is a Senior Lecturer and CoDirector of the Health and Medical Law Masters at Melbourne Law School. She cocoordinates a monthly health law seminar series at the Law School. She has a BA/LLB (Hons) from The University of Melbourne and an LLM from the University of Cambridge, specialising in international law. Paula researches in the area of health law and public interest law. Her primary research interest relates to the regulation of harmful commodities, in particular alcohol. She has written on many aspects of the domestic and international regulation of alcohol, including its labelling, advertising, pricing, licensing and trade as a global commodity. Her current doctoral work is on the selfregulation of the labelling and marketing of alcohol. Paula also writes about the right to health, and has published papers on accountability in health care for asylum seekers in detention, the phenomenon of privatisation, the global shortage of health workers, and access to health care for migrant workers and their families in Australia. Paula uses her research to make submissions and provide advice to government and nongovernment bodies about public health law. Paula graduated from Melbourne Law School with a first class honours degree in law and in arts in 1998. She was awarded a full Commonwealth Scholarship to undertake her Master of Laws degree at the University of Cambridge in 2008. She graduated from Cambridge Jesus with a class I degree, specialising in international law. She is currently undertaking her PhD at Melbourne Law School. After graduating with her LLB, Paula completed her articles and worked as a lawyer at Minter Ellison Melbourne until 2003. Her practice was principally in the area of administrative law. She advised public sector agencies on the regulation of health professionals. From 2003 – 2007, Paula was the Executive Director of the Public Interest Law Clearing House (PILCH) in Victoria, a community legal centre which engages in case work, advocacy and education to advance the public interest, in particular the position of marginalised and disadvantaged members of the community. For her work at PILCH, she was awarded the Women Lawyers 'Rising Star' Award in 2007 Paula teaches Health Law and Ethics, Administrative Law, and Legal Method and Reasoning in the JD. Paula was very involved in the establishment of MLS's Public Interest Law Initiative and continues to contribute to the program.
Professor Andrew Mitchell, Director, Global Economic Law Network
Professor Andrew Mitchell
Director, Global Economic Law Network
Global Economic Law Network
Professor Mitchell joined Melbourne Law School as a Senior Lecturer in 2006, having been a Senior Fellow since 2004. His major area of interest is international economic law, in particular the law of the World Trade Organization (WTO). He graduated from the University of Melbourne with First Class Honours in both his Bachelor of Laws and Bachelor of Commerce degrees. He subsequently obtained a Graduate Diploma in International Law from the University of Melbourne, a Master of Laws from Harvard Law School and a PhD from the University of Cambridge. His dissertation was published in 2008 by Cambridge University Press as Legal Principles in WTO Disputes. Andrew was previously a solicitor with Allens Arthur Robinson in Australia and worked briefly at Davis Polk & Wardwell in New York. He has also worked in the Trade Directorate of the Organisation for Economic Cooperation and Development (OECD), the Intellectual Property Division of the WTO, and the Legal Department of the International Monetary Fund (IMF). Andrew has published in numerous journals and books on areas including WTO law, international law, international humanitarian law and constitutional law. In addition to his Melbourne teaching, Andrew has taught WTO law to undergraduate and postgraduate students at Bond University, Monash University, and the University of Western Ontario, and to Australian and overseas government officials at the Australian Department of Foreign Affairs and Trade and the International Development Law Organization respectively. Andrew also consults for the private sector and international organisations. He has been engaged by Telstra for a research project on trade and telecommunications issues and by the World Health Organization to advise on issues concerning the Framework Convention on Tobacco Control. In 2007, following a nomination by the Australian government, the WTO’s Dispute Settlement Body added him to the indicative list of governmental and nongovernmental panelists to hear WTO disputes. In 2008 he was a Visiting Fellow at the Department of Law, London School of Economics and ScholarinResidence at the International Arbitration Group of WilmerHale in London.