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Official Submissions to the WTO
Available at the WTO Document Search Facility

Non-violation


Countries:	Note by the Secretariat
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Non-Violation and Situation Complaints
Content / Proposals:	I. Introduction. II. Exceptional Character of the Non-violation Remedy. III. Purpose of the Non-violation Remedy. IV. Nature of Benefits Accruing under the TRIPS Agreement. V. Nature of Measures that could be at Issue. VI. Causality. VII. Burden of Demonstration of Nullification and Impairment. VIII. Remedy. IX. Need for Guidance. X. Proposals for Action. XI. Situation Complaints. XII. Impediment to Attainment of an Objective.
	Date:	24 November 2004	Reference:	IP/C/W/349/Rev.1
Countries:	Argentina, Bolivia, Brazil, Colombia, Cuba, Ecuador, Egypt, India, Kenya, Malaysia, Pakistan, Peru, Sri Lanka and Venezuela
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Non-Violation and Situation Nullification or Impairment under the TRIPS Agreement
Content / Proposals:	Executive summary. I.Introduction. II. Background. A. Relevant WTO provisions and mandates. B. Article 64 requires consensus by WTO members. C. Historical background. III. Systemic concerns about non-violation nullification or impairment under the TRIPS Agreement. A. Introducing incoherence between WTO Agreements. B.Upsetting the balance of rights and obligations in the TRIPS Agreement. C. Undermining regulatory authority. D. Limiting the flexibility inherent in the TRIPS Agreement. IV. Specific concerns arising from discussions of scope and modalities. A. Discussions regarding the scope and urpose of non-violation complaints. B. Uncertainty as to the nature of the benefits addressed by non-violation complaints. C. Uncertainty as to the nature of "measures" that can give rise to non-violation complaints. D. Concerns regarding remedies and dispute settlement. E. Effect on the predictability and security of the multilateral trading system. V. Situation complaints. VI. Proposal.
	Date:	30 Oct 2002	Reference:	IP/C/W/385


Country:	Summary Note by the Secretariat
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Non-Violation and Situation Complaints
Content / Proposals:	Note on the scope and modalities for complaints of the types provided for under Article XXIII:1(b) and (c) of GATT 1994 made pursuant to the TRIPS Agreement (so-called "non-violation and situation complaints") with recommendations to the General Council.
	Date:	19 Jun 2002	Reference:	IP/C/W/349


Country:	Canada
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Further Consideration of Non-Violation Nullification or Impairment under the Agreement on Trade-Related Aspects of Intellectual Property Rights
Content / Proposals:	Recognition of the exceptional character of "Non-violation" complaints and the specific nature of the TRIPS Agreement. Definitions. Burden of proof. Annex I: Document IP/C/W/127: Non-Violation Nullification or Impairment under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Annex II: Document IP/C/W/191: Non-violation complaints under the TRIPS Agreement - Suggested Issues for examination of Scope and Modalities under Article 64.3 of the TRIPS Agreement.
	Date:	29 Mar 2001	Reference:	IP/C/W/249


Country:	Australia
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Non-violation Complaints under the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS): Discussion Paper
Content / Proposals:	Non-violation complaints under the Agreement on Trade-related aspects of intellectual property. Rights (TRIPS): Discussion paper. I. Introduction. II. Responsibility of the TRIPS Council. III. Possible recommendations on the non-violation issue. IV. Analysis in the context of TRIPS. A. Meaning of "scope and modalities". B. Object and purpose. C. GATT/WTO dispute settlement practice on non-violation disputes.
	Date:	27 Sept 2000	Reference:	IP/C/W/212


Country:	United States
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Scope and Modalities of Non-Violation Complaints under the TRIPS Agreement
Content / Proposals:	Background. The TRIPS Agreement is a market access agreement. The TRIPS Agreement is one part of a coherent system of agreements. Conclusion. Appendix: Non-violation nullification or impairment under the Agreement on Trade-Related Aspects of Intellectual Property Rights - View of the United States of America: Background. Legal basis for the position of the United States regarding expiration of the "moratorium" on non-violation cases. Issues of concern to other members. Conclusion.
	Date:	17 Jul 2000	Reference:	IP/C/W/194


Countries:	Canada, the Czech Republic, the European Communities and their Member States, Hungary and Turkey
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Non-Violation Complaints under the TRIPS Agreement -Suggested Issues for Examination of Scope and Modalities under Article 64.3 of the TRIPS Agreement
Content / Proposals:	Introduction. Considerations. Suggested Follow-up.
	Date:	22 Jun 2000	Reference:	IP/C/W/191


Countries:	Cuba, the Dominican Republic, Egypt, Indonesia, Malaysia and Pakistan
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Non-Violation Nullification or Impairment under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Content / Proposals:	The non-application of the non-violation, nullification and impairment under the TRIPS Agreement: Background. Proposal: The time-period referred to in Article 64.2 be extended for an adequate time-period until the complexity of the implications of such a remedy in the area of intellectual property is better understood and the possible scope and modalities are adequately addressed in accordance with Article 64.3.
	Date:	29 April 1999	Reference:	IP/C/W/141


Country:	Canada
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Non-Violation Nullification or Impairment under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
Content / Proposals:	Issue. Background. Issues of concern: Uncertainty as to scope. Undermining regulatory authority. Conclusion. Annex I: Relevant provisions - TRIPS: Article 64 - Dispute settlement. GATT 1994: Article XXIII: Nullification or impairment.
	Date:	10 Feb 1999	Reference:	IP/C/W/127


Country:	Note by the Secretariat
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Non-Violation Complaints and the TRIPS Agreement
Content / Proposals:	Experience with disputes under the TRIPS Agreement, including any references to non-violation issues: Summary of disputes. India - Patents I. Negotiating history of Article 64.2 and 64.3 of the TRIPS Agreement. Experience with non-violation complaints under GATT/WTO: Evolution of applicable legal texts. Complaints of the type provided for under Article XXIII.1.b of GATT 1947 and GATT 1994 concerning nullification or impairment of a benefit: Frequency of complaints. Main features of experience. Nature of the "benefit". Measure: Nature of a "measure". Reasonable expectations. Timing. Causality. Burden of demonstration of nullification and impairment. Remedy. Complaints of the type provided for under subparagraph 1(c) of Article XXIII of GATT 1947 and GATT 1994. Impediment to attainment of any objective. Information available on the use of the non-violation concept in disputes on intellectual property matters elsewhere: NAFTA. Group of Three Free Trade Treaty. Mexico-Bolivia Free Trade Treaty and Mexico-Costa Rica Free Trade Treaty. Mexico-Nicaragua Free Trade Treaty. Centroamerica-Dominican Republic Free Trade Treaty. Annex 1: Excerpt from the TRIPS Agreement: Article 64 - Dispute settlement. Excerpt from GATT 1994: Article XXIII - Nullification or impairment. Annex 2: Excerpt from the Panel Report on India - Patents (WT/DS50/R). Annex 3: Excerpt from the DSU: ARticle 26. Annex 4: Reports on non-violation claims.
	Date:	28 Jan 1999	Reference:	IP/C/W/124

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