H.E. Ambassador Dr Lansana GBERIE

United Kingdom

8 NON-VIOLATION AND SITUATION COMPLAINTS

104.   As this is the United Kingdom's first intervention today, we would like to start by saying that as we meet here to discuss issues arising under the global rules-based system, we cannot sit by and ignore the egregious violations of international law and the UN Charter committed by one WTO Member, the Russian Federation, against another, Ukraine. 105.   Putin's illegal annexation of regions of Ukraine constitutes a new low point in Russia's blatant flouting of international law. The United Kingdom unreservedly condemns this outrageous and illegal act. What happens in Ukraine matters to the work of this organization and matters to us all. Russia's actions will prolong the impact on the global economy, have global consequences and jeopardize prospects of peace The United Kingdom and the international community have made it clear to President Putin that his attack on the Ukrainian people must stop and that he must withdraw from Ukraine and restore regional and global stability. 106.   On this item, the United Kingdom would like to state that given the lack of substantive discussion on this long-standing issue preceding the pandemic, the TRIPS Council in October 2021 made the right decision to extend the NVSCs moratorium until MC13. The United Kingdom believes it is important that the TRIPS Council can begin substantive discussion on the scope and modalities of the NVSCs before MC13.

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