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

H.E. Ambassador Xolelwa Mlumbi-Peter
8 NON-VIOLATION AND SITUATION COMPLAINTS
289.   We would like to align ourselves with the statement delivered by Tanzania on behalf of the African Group, and we also welcome the ideas presented by South Africa. 290.   We wish to reiterate the following. First, we believe that Non-violation and situation complaints should not be applicable to the TRIPS Agreement due to the negative effects they can have on both the policy space of Members and on their ability to use TRIPS flexibilities to increase access to medicines and to enhance their capacities to better deal with current and future public health crises. 291.   Second, we strongly support the continuation of the NVSCs moratorium and making it permanent, and we would like to refer in this regard to the reasons explained in document IP/C/W/385/Rev.1 which Egypt co-sponsored together with a large number of other Members. We consider this document as a good starting point for a focused discussion on this issue.
40. 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."
41. 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.
42. There had also been a suggestion that one Member might be developing a submission. She encouraged delegations to table submissions that might assist to shape the discussion resulting in a meaningful outcome at MC12. Also, the LDC Group had suggested that the Chair should hold dedicated informal discussions on this issue to facilitate engagement.
43. Since the July 2020 meeting, the Secretariat had also held a Briefing Session on TRIPS nonviolation and situation complaints. She invited the Secretariat to brief Members.
44. The representative of the Secretariat took the floor.
45. The Chair invited delegations to share their views on how the Council should approach TRIPS non-violation discussions between now and MC12, specifically where delegations thought there were areas of commonality, as the discussion had been evolving for some time, and areas that required further clarifications among Members so as to have focussed discussions.
46. The representatives of Brazil; Tanzania, on behalf of the African Group; South Africa; Bangladesh; Egypt; Nigeria; Chile; India; Jamaica, on behalf of the ACP Group; Argentina; Thailand; China; Indonesia; Switzerland; the United States of America; the European Union; Canada; Chinese Taipei; South Africa; Ecuador; and the Republic of Korea took the floor.
47. The Chair noted that she would send a communication with a view to facilitate informal consultations with Members.
48. The Council so took note of the statements made and agreed to revert to the matter at its next meeting.
IP/C/M/96, IP/C/M/96/Add.1