175. The representative of Argentina was pleased to see the item back on the agenda, since this gave a possibility of further debate. Like the preceding delegations, she believed that non-violation complaints were inherent to agreements dealing with trade and directly linked to market access. As pointed out by the delegation from Canada, the TRIPS Agreement was a sui generis agreement and it was not a market access agreement. Therefore, she believed that the possibility of non-violation complaints would lead to uncertainty with respect to the legality of governmental measures which could legitimately be adopted by a Member, opening the possibility that these measures could be legally challenged by other Members. This would cause an imbalance in the rights and obligations under the TRIPS Agreement. She recalled that document IP/C/W/385, to which Peru had referred and which was co-sponsored by Argentina, contained a proposal that this type of complaint be determined inapplicable to the TRIPS Agreement.
