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

United States of America
A Notifications under Article 4(d)
6. While agreeing that ultimately the WTO dispute settlement procedures might have to be used in relation to the question as to whether a notification was consistent with the notifying Member's obligations under Article 4(d), the representative of the United States said that it would nevertheless be useful if Members continued their attempts to construct a meaningful notification system under Article 4(d). In his delegation's view, Article 4(d) required that the element of discrimination be identified and the Secretariat background note provided good criteria for evaluating agreements that a WTO Member might wish to notify. One additional element needed to be reflected in the note and he proposed the addition of the following sentence: "The notification of the provisions of a multilateral agreement that are incorporated into the TRIPS Agreement shall have no effect."