Non-Violation Complaints At WTO – Possible Extension Of Moratorium For Two Years

Negotiators at the World Trade Organization met yesterday to try to agree on the fate of a moratorium shielding intellectual property from non-violation complaints. A two-year extension of the moratorium might be the compromise solution found to breach differences, according to sources.

The negotiations took place between the proponents of an indefinite extension, and the United States and Switzerland, who both favour lifting the moratorium. The moratorium has been regularly extended every two years by the WTO ministerial conference.

At the WTO, the non-violation complaint mechanism allows a country to go after another country even if no WTO agreement has been breached. Intellectual property is kept out of that mechanism by a moratorium. For several weeks, WTO members have been negotiating to find an agreement for a recommendation to the WTO ministerial meeting next month on whether or not the moratorium should be extended indefinitely or on the contrary lifted.

The Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) was tasked by the last ministerial conference to issue a recommendation on the moratorium.

Consultations are still ongoing within the group of proponents of an indefinite extension, according to the source, and a decision may be delivered on Friday.

The TRIPS Council, which was suspended over this issue in October, might be reconvened early next week, according to the source.

Separately, but informally linked to the discussions on non-violation complaints, negotiations on a moratorium on e-commerce tariffs are ongoing in the lead-up to the WTO ministerial in Nairobi (IPW, WTO/TRIPS, 15 October 2015).