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

H.E. Ambassador Lundeg Purevsuren
Bolivia, Plurinational State of

144.   Bolivia's position on this agenda item has not changed and was presented yesterday before the General Council. It is our view that nonviolation complaints are outside the scope of the TRIPS Agreement. 145.   Benefits under the TRIPS Agreement could be adequately protected by applying the text of the Agreement, in accordance with the principles of international law, and without introducing this legally uncertain notion; in no way does the absence of nonviolation complaints jeopardize the enforceability of the rights and obligations under the Agreement. On the contrary, their inclusion in the Agreement could put the rights of intellectual property owners at odds with the ability of governments to legitimately implement their regulatory policies, even limiting their sovereign capacity to introduce new social, economic, healthrelated and environmental development measures. 146.   Given the lack of consensus on the matter, it is our delegation's opinion that the moratorium should be extended until the following Ministerial Conference.

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