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

H.E. Ambassador Dr Lansana GBERIE

98.   Sri Lanka reiterates its support to the Ministerial Decision adopted on 17 June 2022 on the extension of the Non-Violation and Situation Complaints Moratorium stipulated under the Article 64.2 of the TRIPS Agreement until MC13, which would permit Members to refrain from bringing any unintended violations of provisions, including in use of compulsory licences, of the TRIPS Agreement to the WTO dispute settlement system. 99.   Sri Lanka's position on this issue remains unchanged as a co-sponsor of the document IP/C/W/385. Accordingly, Sri Lanka supports the decision to instruct the TRIPS Council to continue its examination of scope and modalities, and to make appropriate recommendations to the MC13 and we look forward to working with like-minded Members in making non-violation complaints inapplicable to TRIPS and come up with a way forward and a permanent solution for these longdelayed issues.

The Council took note of the statements made and agreed to revert to this matter at its next meeting.
27. The Chair recalled that the examination of scope and modalities for non-violation and situation complaints under TRIPS was in line with the initial mandate in Article 64.3 of the TRIPS Agreement, which had required recommendations to be submitted to the Ministerial Conference in 1999.
28. He recalled that at the 12th Ministerial Conference, Ministers had adopted a Decision on TRIPS non-violation complaints (document ), which directed the TRIPS Council to continue its examination of the scope and modalities for non-violation and situation complaints, and to make recommendations to the 13th Ministerial Conference. The Decision also provided that, in the meantime, Members would not initiate such complaints under the TRIPS Agreement.
29. He said that, during recent meetings of the TRIPS Council, a few delegations had signalled openness to return to substantive discussions in this area. In March 2021, his predecessor had suggested that Members could identify areas of agreement in the non-violation discussions. Identifying such areas or elements of agreement regarding the nature of nonviolation and situation complaints could help delegations focus their engagement on the areas of disagreement and thus make at least some progress in framing the relevant questions for discussion.
30. The Chair inquired whether delegations were more at ease now to consider this or any other approach that might help identify common ground, in order to get some movement in this longstanding debate.
31. The representatives of India; Switzerland; Argentina; Sri Lanka; Brazil; Canada; Bangladesh; South Africa; United Kingdom; Nigeria; Indonesia; Chile; United States of America; Peru; the Russian Federation; Bolivia, Plurinational State of; Korea, Republic of; Panama; Hong Kong, China; and the European Union took the floor.
32. The Council took note of the statements made and agreed to revert to this matter at its next meeting.
IP/C/M/106, IP/C/M/106/Add.1