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INTELLECTUAL PROPERTY:TECHNICAL COOPERATION — KEY DOCUMENTS

VI. TRIPS Dispute Settlement

Disputes between WTO Members concerning obligations under the TRIPS Agreement are subject to the WTO dispute settlement mechanism. The rules that govern the settlement of disputes between Members of the WTO are contained in Articles XXII and XXIII of the General Agreement on Tariffs and Trade 1994 and the Understanding on Rules and Procedures Governing the Settlement of Disputes as contained in Annex 2 of the Marrakesh Agreement. A table below lists dispute settlement cases that have initiated under the TRIPS Agreement.

Technical Cooperation
Key documents

I. TRIPS Legal texts and the relevant Conventions
II. The Doha Development Agenda
III. TRIPS and Public Health
IV. Review of TRIPS Article 27.3(b); Relationship Between the TRIPS Agreement and the Convention on Biological Diversity; Protection of Traditional Knowledge and Folklore
V. Geographical Indications
VI. Dispute Settlement
VII. Least Developed Country Members
VIII. TRIPS and Trade Policy Reviews, Accessions and Regional Trade Agreements
IX. Other Issues: TRIPS and e-Commerce, and TRIPS and Climate
X. TRIPS Implementation: notifications and reviews

Guide to the TRIPS Agreement

 

 

Article 64.2 of the TRIPS Agreement delayed the application of so-called non-violation and situation complaints referred to in subparagraphs 1(b) and 1(c) of Article XXIII of GATT 1994 to TRIPS disputes for a period of five years from the entry into force of the WTO Agreement. Article 64.3 instructed the TRIPS Council to examine the scope and modalities for such complaints during that time period and make recommendations to the Ministerial Conference for approval.  This "moratorium" on the use of non-violation and situation complaints has been extended a number of times, most recently by the Ministerial Conference in Bali in 2013.  This latest decision is available below.  In addition, the documents below contain a WTO Secretariat summary note of the points raised by Members in the Council's substantive discussion on non-violation and situation complaints.

  • Non-Violation and Situation Complaints — Summary Note by the Secretariat (IP/C/W/349/Rev.1)
  • TRIPS Non-Violation and Situation Complaints — Ministerial Decision of 7 December 2013 (WT/L/906)