On Tuesday, 24 February 2015, Bangladesh, on behalf of the LDC Group delivered the following statement on non-violation and situation complaints.
AGENDA 6: NON-VIOLATION AND SITUATION COMPLAINTSMr. Chairman,
I am taking floor on behalf of the LDC group.
LDCs are concerned that non-violation and situation complaints may pose unnecessary problems to LDCs which can be otherwise avoidable if we do not implement this provision under TRIPS.
Our fundamental understanding is that TRIPS is not a market access agreement. TRIPS agreement was designed in a manner which only provides minimum level of territorial protection to IP by the members. Its operation is also unique and quite different from any other WTO Agreement. While some other Agreements are explicit about facilitating market access and concessions, TRIPS provides for minimum level of protection and flexibility with a view to achieve the socio economic objectives.
Therefore, drawing any parallelism in terms of non-violation and situation complaints with other WTO agreements, to our best judgment, does not fit with the context of TRIPS.
Consequently we don’t see any scope of non-violation and situation complaints process in a sui generis system like TRIPS as the nature and scope of obligations under the TRIPS agreement permit members to determine the level of protection according to their respective domestic legal system and practices.
So, from the systemic point of view, non-violation and situation complaints will infuse huge legal uncertainty in the total system.
Hence, the LDCs support further continued moratorium.
I thank you.