WORLD TRADE
ORGANIZATIONWT/GC/W/316
14 September 1999
(99-3821)
General Council Original:  Spanish
PREPARATIONS FOR THE 1999 MINISTERIAL CONFERENCE
Proposals Regarding the Agreement on Trade-Related Intellectual Property Rights
Communication from Colombia
The following communication, dated 7 September 1999, has been received from the
Permanent Mission of Colombia.
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Background
1. Under Article 64 of the TRIPS Agreement, subparagraphs 1(b) and 1(c) of Article XXIII of
GATT 1994, concerning so-called non-violation complaints, are not applicable for a period of five
years from the date of entry into force of the WT O Agreement.  The reason for this is to allow a
discussion within the Council for TRIPS on the scope and modalities for complaints of this kind
within the context of the TRIPS Agreement.  Ho wever, the Council has not yet devoted enough time
to the discussion of this matter.
2. The TRIPS Agreement is an instrument for protecting technological advances and innovation
with clear benefits for those Members that are industrially and technologically developed and have the
capacity to advance in innovation.  Furthermore, among the objectives mentioned in Article 7 of the
Agreement it is stressed that "the protection and enforcement of intellectual property rights should
contribute to the promotion of technological innovation and to the transfer and dissemination of
technology, to the mutual advantage of producers and users of technological knowledge  and in a
manner conducive to social and economic welfare, and to a balance of rights and obligations".  So far,
no specific mechanisms have been implemented to attain this objective.
Proposals
1. It is proposed that the moratorium in TRIPS Article 64 be extended to allow the Council more
time to take up a substantive discussion of non-violation complaints within the context of the
above-mentioned Agreement.
2. Article 7 of the Agreement should be developed in order to make it operational and ensure the
transfer of technology on fair and mutually advantageous terms.
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