120. The Chairperson recalled that, under this provision, the Council was required to examine the scope and modalities for complaints of the type provided for under Article XXIII:1(b) and (c) of GATT 1994 (so-called "non violation" disputes) made pursuant to the TRIPS Agreement. At the previous meeting, the Council had requested the Secretariat to prepare a factual background note on the experience with disputes so far under the TRIPS Agreement, including any references made to non-violation issues, the negotiating history of paragraphs 2 and 3 of Article 64, the experience with non-violation complaints under the GATT/WTO, and any information available on the use of the non-violation concept in disputes on intellectual property matters elsewhere. Unfortunately, the Secretariat had not been able to complete this work in time for this meeting of the Council, but would have the paper available in time for the Council's next meeting.
