Minutes - TRIPS Council - View details of the intervention/statement

H.E. Ambassador Lundeg Purevsuren
6 NON-VIOLATION AND SITUATION COMPLAINTS
118.   We align ourselves with the statements made by the delegation of South Africa on behalf of the African Group and will wish to add a brief comment regarding this agenda item. 119.   My delegation reiterates our position that non-violation and situation complaints under Article XXIII(b) and (c) of the GATT should not be allowed to apply under the TRIPS Agreement. As this may result in preventing our policy makers from effectively utilizing the flexibilities available in the TRIPS Agreement. Specifically, this may restrict our power to make regulations and policies for public health with the aim to enable access to medicines. 120.   In terms of a possible way forward, we propose that the TRIPS Council recommend to the upcoming Ministerial Conference that non-violations and situation complaints should not be allowed to apply under the TRIPS Agreement. We believe that it is time for all Members to suggest concrete direction on this issue as we have only a few months before the next Ministerial Conference. We thank the Chair for his continued work.
The Council so took note of the statements made and agreed to revert to the matters at its next meeting.
16.   The Chair recalled that the initial mandate to examine the scope and modalities for non-violation and situation complaints, contained in Article 64.3 of the TRIPS Agreement, had required recommendations to be submitted in 1999. On 10 December 2019, the General Council had directed the TRIPS Council to continue its work and to make recommendations to the 12th Ministerial Conference (MC12). It was also agreed that, in the meantime, Members would not initiate such complaints under the TRIPS Agreement.
17.   He informed delegations that he had held two sets of informal consultations with a small group of the most active Members, on 17 and 31 January 2020. He had asked Members to explore how work could advance on this issue before the next meeting of the TRIPS Council, which was scheduled for 14-15 May 2020. However, there had not been further progress, even in an informal setting. He highlighted that MC12 was only 4 months away. It was, therefore, important that discussions soon begin to focus on concrete suggestions for the Council's recommendation for the Ministerial. As his chairmanship was concluding, he hoped that the incoming chair would be able to take up his or her duties very soon after nomination by the General Council, so as to allow for timely and focused work, and he encouraged delegations to support his successor during the challenging period ahead.
18.   The representatives of South Africa, on behalf of the African Group; Bangladesh; Egypt; Indonesia; Nigeria; Chinese Taipei; India; China; Chile; the United States of America; the Russian Federation; Switzerland; Japan; Canada; Norway; the Republic of Korea; and the Plurinational State of Bolivia took the floor.
19.   The Council so took note of the statements made and agreed to revert to the matters at its next meeting.
IP/C/M/94, IP/C/M/94/Add.1