134. The representative of Bolivia, speaking on behalf of the Andean Community Members of the WTO, said that with respect to the issue of non-violation and situation complaints the countries of the Andean Community considered that it was important to continue the debate in the TRIPS Council as long as the scope and modalities of their application in the TRIPS area had not been clarified. It should be recalled that the concept of non-violation and situation complaints had been developed in the context of GATT for the purpose of preserving tariff concessions, while the TRIPS Agreement was an instrument which established minimum standards of protection of intellectual property rights. Therefore, the countries on behalf of which he spoke considered that the concept was not germane to intellectual property and that, until such time as the TRIPS Council had developed the required clarifications, non-violation and situation complaints should not be admitted in the TRIPS area. Otherwise, a great deal of uncertainty would be introduced in the application of the TRIPS Agreement. He requested the Chairperson to inform the Chairperson of the General Council about these concerns.
