108. 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 ("non-violation" disputes) made pursuant to the TRIPS Agreement. Just prior to the Council's previous meeting, the Secretariat had circulated a factual background note (document IP/C/W/124) on 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. A paper on the matter from the delegation of Canada had been circulated in document IP/C/W/127. At the previous meeting, several delegations had indicated that they were still studying the matter and the Council had agreed to revert to the matter at the present meeting. He drew attention to a joint proposal that had just been received from Cuba, the Dominican Republic, Egypt, Indonesia, Malaysia and Pakistan.
