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Further Thoughts on Plain Packaging

Two further thoughts on Australia's plain packaging legislation occurred to me. First, what if Australia had simply banned cigarettes?  Are there differences in relation to trademark protection between (1) a product ban and (2) a narrower ban on using trademarks on the product? Second, let's say
Simon Lester 20 Mar 2012 1 min read

Cigarette Packaging Regulation: The Intersection of Free Speech, Free Trade, Due Process, Property and Intellectual Property

There are at least five legal proceedings going on right now related to government regulation of cigarette packaging.  They are based on a variety of different, but sometimes overlapping, legal claims.  It's difficult to characterize some of these claims, but I am going to give it a shot:
Simon Lester 18 Mar 2012 2 min read

The Plain Packaging WTO Complaint

... is here: http://www.worldtradelaw.net/cr/ds434-1(cr).pdf Here are the legal claims: Australia's measures, especially viewed in the context of Australia's comprehensive tobacco regulatory regime, appear to be inconsistent with a number of Australia's obligations under the TRIPS Agreement, the
Simon Lester 15 Mar 2012 1 min read

More USTR Positions

Presumably this is part of the recent push for more trade enforcement: Job Title:Director of Trade Research Department:Executive Office Of The President ... Serves as the Director of Trade Research responsible for developing plans and strategies in support of litigation before the World Trade Organization (WTO) and in support
Simon Lester 15 Mar 2012 1 min read

Who "Won" the Beef Hormones Dispute?

The BBC reports: The European Parliament has backed a deal that will increase EU imports of beef from the US and Canada and help European food exporters. A row over growth hormones used on North American cattle ranches led to a trade war lasting more than 20 years. The new
Simon Lester 14 Mar 2012 1 min read

Plain Packaging Complaint at the WTO

Bloomberg reports: Ukraine complained at the World Trade Organization over Australia’s decision to prohibit trademarks and logos on tobacco products, saying the ban violates global rules on intellectual property. Australia is the first country to require plain, identical cigarette packaging. As of Dec. 1, 2012, cigarettes there will have
Simon Lester 14 Mar 2012 29 min read

The Appellate Body's Ruling on Boeing Subsidies: Everybody Wins!

From USTR: United States Trade Representative Ron Kirk announced today that the United States has prevailed in a World Trade Organization (WTO) dispute over claims by the European Union (EU) related to The Boeing Company. ... “This decision is a tremendous victory for American manufacturers and workers – and demonstrates the Obama
Simon Lester 12 Mar 2012 1 min read

Chinese Foie Gras Production

Via a Scott Lincicome tweet, I see all kinds of possibilities for trade conflict here: The world's biggest goose farm and foie gras factory will soon be established on the banks of Poyang Lake, in China's Jiangxi Province. The American investment company Creek Project is said
Simon Lester 12 Mar 2012 1 min read

Restricting Added Sugar in Fruit Juice: Health Measure or Trade "Barrier"?

From an EU Council decision from last week: The new directive incorporates the current industry practice of not adding sugars to fruit juices. As from the date of application of the new rules (i.e. 18 months after their entry into force), the addition of sugars to fruit juices will
Simon Lester 12 Mar 2012 1 min read

CVDs and Double Counting

So now that the CVD-NME bill has passed the House and Senate, and presumably will become law soon, I have a question about CVDs and double counting in relation to market economies. As explained here, under the legislation, there is a procedure for how respondents can get AD duties
Simon Lester 06 Mar 2012 1 min read

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Featured

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

My Questions for Chad on China in the World Trading System

At the Peterson Institute event launching the "How To Win a Trade War" book, Chad said some things about trade relations with China that I found interesting.
26 May 2026 4 min read

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