136. The Chairperson said 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 ("non violation" disputes) made pursuant to the TRIPS Agreement. He recalled that 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. This Secretariat note had been circulated in document IP/C/W/124. He informed the Council that a paper on the matter had also been received from the delegation of Canada, which had been circulated in document IP/C/W/127.7
