104. 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 just prior to the Council's last meeting the Secretariat had circulated 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. A paper on the matter from the delegation of Canada was circulated in document IP/C/W/127. At the last meeting, the Council had received a joint proposal from Cuba, the Dominican Republic, Egypt, Indonesia, Malaysia and Pakistan, which had been circulated in document IP/C/W/141. Many other delegations had also expressed their views on the matter, while others had indicated that they were still studying the matter.
