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

H.E. Ambassador Lundeg Purevsuren
6 NON-VIOLATION AND SITUATION COMPLAINTS
139.   This delegation would like to give recognition to the continuous efforts made by the Chair and Members in advancing discussion on this issue. Meanwhile, we also recognize that Members have not yet reached consensus on applicability or inapplicability of, or, if applicable, the scope and modality of, non-violation and situation complaints under the TRIPS Agreement. 140.   Japan's view on this issue has not changed. Both clarity and predictability should be ensured when applying non-violation and situation complaints to the TRIPS Agreement. From this point of view, making factual analyses on applicable specific and concrete circumstances of non-violation and situation complaints would facilitate examination in terms of the scope and modality of non-violation and situation complaints in the area of the TRIPS Agreement.
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