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

H.E. Ambassador Xolelwa Mlumbi-Peter
8 NON-VIOLATION AND SITUATION COMPLAINTS
245.   The examination of the scope and modalities for non-violation and situation complaints made pursuant to the TRIPS Agreement, as envisaged by Article 64.3, should also involve an examination of whether such complaints should apply to the TRIPS Agreement, and if so, to what extent. 246.   We believe that the agreement by Members on the moratorium should be viewed without prejudice to the question on the availability of such complaints to the TRIPS Agreement. This is a matter that ought to be determined in the course of the examination of scope and modalities by the TRIPS Council. 247.   We are, therefore, of the view that the Ministerial Conference should grant a moratorium to the effect that non-violation and situation complaints shall not be applicable to the TRIPS Agreement until the issue of scope and modalities is resolved by consensus. In the meantime, we urge the TRIPS Council to carry out its mandate under Article 64.3 and as reiterated in subsequent Ministerial Decisions.
31.   The Council so took note of the statements made and agreed to revert to the matters at its next meeting.
26.   The Chair recalled the General Council decision of 10 December 2019, in which Members had decided to extend the Moratorium on TRIPS non-violation and situation complaints until the 12th Ministerial Conference (MC12). In line with the original mandate, that decision had instructed the TRIPS Council to "continue its examination of the scope and modalities" for such complaints "and make recommendations to the 12th Ministerial Conference."
27.   In the discussions that had taken place in December 2019, many delegations had emphasized the need for a more detailed discussion on TRIPS non-violation, so that Ministers could take a wellinformed decision on scope and modalities at MC12. Most delegations had also said that they were open to engage constructively and discuss concrete proposals for scope and modalities.
28.   Against the background of the postponement of MC12, she was hopeful that Members were willing to use the additional time available to return to a substantive discussion of the issues. She had gone over the state of discussions in her preparations for the present meeting and her impression was that a number of shared understandings regarding TRIPS non-violation could in fact be harvested from the past discussions. This might enable the Council to focus its engagement on formulating the areas of disagreement; and, thus make at least some progress in framing the questions for ministers at MC12.
29.   Some delegations had indicated their willingness to make submissions in this regard to provide a basis for constructive discussions. She encouraged those delegations to do that soon, in order to make best use of the time available. The existing positions were very well known and very clearly on the record, so there was no need to reiterate them. She invited Members to share their views on how to approach TRIPS non-violation discussions between the present meeting and MC12.
30.   The representatives of Brazil; Tanzania, on behalf of the African Group; Bangladesh; Nigeria; India; Thailand; China; Argentina; Chile; Zimbabwe; Switzerland; Canada; the United States of America; Indonesia; the European Union; and, Jamaica, on behalf of the ACP Group took the floor. The representatives of Kenya and South Africa requested that their respective statements be included in the record of the meeting.
31.   The Council so took note of the statements made and agreed to revert to the matters at its next meeting.
IP/C/M/95, IP/C/M/95/Add.1