137. The Chairperson recalled that paragraph 45 of the Hong Kong Ministerial Declaration directed the TRIPS Council to continue its examination of the scope and modalities for complaints of the types provided for under subparagraphs 1(b) and 1(c) of Article XXIII of GATT 1994 and make recommendations to the next session of the Ministerial Conference. It was agreed that, in the meantime, Members would not initiate such complaints under the TRIPS Agreement.
138. At its meeting on 20 October 2009, the General Council had taken note of its Chair's statement on his consultations on the preparation of the Seventh Session of the Ministerial Conference, as contained in document JOB(09)/144. She had stated, inter alia, that the consultations held on TRIPS non violation and e commerce by, respectively, the Chair of the TRIPS Council and DDG Singh had indicated a consensus on placing these issues on the Provisional Agenda for the Ministerial Conference. The Provisional Agenda had been circulated on 23 October in document WT/MIN(09)/W/2 and it specifically referred to these two issues as items for possible action.
139. Given that this was its last formal meeting before the Ministerial Conference, the TRIPS Council should consider whether it could agree on any recommendation on TRIPS non violation. She said that, as requested by the Council, she had continued her consultations on this matter. Most delegations that had spoken on this issue had indicated that their preference remained to determine non violation complaints inapplicable to TRIPS but that they were willing to compromise by agreeing that, first, the Council recommend the further extension of the moratorium, second, the extension would be until the next Ministerial Conference and, third, the Ministers' decision would use language that would follow as closely as possible the language used in the Hong Kong Ministerial Declaration. However, some other delegations were of the view that the moratorium should expire but they had shown flexibility in being ready to explore the matter.