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

Ambassador Carlos Pérez del Castillo (Uruguay)
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

7 Translations into French and Spanish would not be available until the second part of March 1999.