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

H.E. Ambassador Lundeg Purevsuren
6 NON-VIOLATION AND SITUATION COMPLAINTS
136.   NVNI complaints (NVCs) are an exceptional remedy to ensure predictability and security to all Members under the WTO Agreements. Article 64 of the TRIPS Agreement confirms that NVCs are applicable to TRIPS after the expiry of the moratorium. The purpose of the moratorium is to provide Members the opportunity to examine the scope and modalities of NVCs in the TRIPS context, who feel that additional modalities to those provided in the DSU are needed for such complaints under TRIPS. 137.   My delegation repeatedly declared that it is open and ready to engage in discussing such proposals. However, over all these many years during the extended moratorium, we have not seen any delegation in this Council submit such a proposal. 138.   Therefore, Switzerland sees no merit in making a recommendation to Ministers at MC12 to further extend the moratorium. Rather NVCs will also apply under TRIPS, when the moratorium eventually will expire after MC12
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