Since March 2012, the Ukraine, Honduras, Dominican Republic, Cuba and Indonesia initiated formal trade disputes with Australia through the WTO’s Dispute Settlement Body, concerning certain Australian laws and regulations that impose trademark restrictions and other plain packaging requirements on tobacco products and packaging (the "Measures"). The Measures don’t discriminate the registration and protection of tobacco products related trademark. Whether the Measures unjustifiably encumber the use of trademark in the course of trade is the key point to adjudicate whether the Measures are consistent with the TRIPS Agreement by the WTO panel. The Measures are for protection of public health and part of the implementation of the Framework Convention on Tobacco Control. In terms of the provisions interpretation of the TRIPS Agreement and the basic principle stipulated in the Declaration on the TRIPS Agreement and Public Health, Australia can assert the justification of the Measures during the consultation and WTO panel procedures. The ruling decisions will affect tobacco control laws and policies of WTO members