WTO | Intellectual Property - Briefing note - 14th WTO Ministerial Conference

So far, WTO members have not been able to adopt a Council recommendation to the 14th Ministerial Conference (MC14) on scope and modalities for non-violation and situation complaints (NVSCs) under the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS). In a Decision on TRIPS non-violation complaints, adopted by ministers at MC13, the TRIPS Council was tasked with examining this issue and proposing recommendations to MC14.

In light of the lack of substantive discussions on this topic since MC13, at its November 2025 meeting the Council for TRIPS decided to keep this item open until members are closer to agreement on this matter. In February 2026, Colombia circulated a proposal to once again extend the moratorium on such complaints until MC15. So far, members have not been able to agree on its adoption.

Non-violation and situation complaints refer to whether and under what conditions members should be able to bring WTO dispute complaints where they consider that another member's action, or a particular situation, has deprived them of an expected advantage under a WTO agreement, even though no obligation under the agreement has been violated.

Historically, members have differed on whether such non-violation cases are feasible in the area of TRIPS. Some delegations consider NVSCs essential to maintaining the balance of rights and obligations within the TRIPS Agreement while helping to ensure that legitimate obligations are not circumvented or avoided. Others believe there is no place for the application of NVSCs in IP because of the legal insecurity and curtailment of flexibilities that could ensue and favour their complete ban in the TRIPS area.

Under Article 64.2 of the TRIPS Agreement this “moratorium” (i.e. the agreement not to use TRIPS non-violation cases) was to last for the first five years of the WTO (i.e. 1995–99). It has been extended since then, from one Ministerial Conference to the next.

This note has been prepared by the WTO's Information and External Relations Division in order to help the media and the public better understand the key issues expected to be addressed at MC14. It is neither an official record of the discussions nor a legal interpretation of the WTO agreements, nor does it prejudice member governments? positions.

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