Analisis Penerapan Kebijakan Tobacco Plain Packaging (Perbandingan Hukum Australia, Inggris, dan Belanda)

Abstract

This paper examines the Plain Packaging Policy on tobacco products that has been implemented by Australia since 2012. Indonesia has sued Australia in the WTO DSB forum based on the provisions of GATT, TBT, and TRIPs. However, Indonesia lost the dispute along with several other tobacco-producing countries. Seeing Australia’s victory, various countries – especially countries that are parties to the Framework Convention on Tobacco Control – followed Australia and implemented a similar policy. As a result, there are various objections to the Plain Packaging Policy, both from tobacco producing countries and the tobacco industry itself, because it is considered to cause discriminatory treatment of trademark protection. This paper will contain an analysis of the basis of Indonesia’s lawsuit from the perspective of the TRIPs and the Paris Convention and include a comparison between several countries that have implemented the plain packaging policies.