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

Ambassador Carlos Pérez del Castillo (Uruguay)
Hong Kong, China
K ARTICLE 64.3
143. The representative of Hong Kong, China said that Members knew that the drafting history of the Article was politically charged and that the results represented the negotiating compromise. He said that Members needed to study the compromise very carefully. Without going into the details as to the reasons and the clear explanations given in the Secretariat paper for why the Article existed in the GATT, it did lead him to believe that it was difficult to see the analogy between, on the one hand, a tariff concession negotiated and accepted by all WTO Members with, on the other hand, a multilateral recognition of rights of nationals under the TRIPS Agreement. At this stage, his delegation supported the views of Canada and Korea, expressed at the last meeting, and he reiterated that it had serious concerns about the use of the non-violation remedy in the context of the TRIPS Agreement and looked forward to further discussions.
IP/C/M/22