Someone sent me Canada's third party submission in the WTO plain packaging dispute. I checked with a friend who works for the Canadian government, and he said it was fine to post it, so here it is. Here's an excerpt:
42. A finding of a right to use a sign or trademark would effectively restrict Members' ability to take legitimate measures to protect public health. Members have clearly and unequivocally preserved the freedom to regulate in the interest of protecting public health and this is evident in TRIPS Articles 7 and 8.1, and paragraph 4 of the Doha Declaration on Public Health. Article 15.4 must be interpreted in a manner supportive of a Member's right to protect public health. As such, the TRIPS Agreement, and in this instance Article 15.4, must not be interpreted so as to restrict a Member's ability to take measures to protect public health.
Canada's discussion of Article 20 of the TRIPS Agreement was also interesting.
