Policy Brief 157, 15 April 2026
Pending the Moratorium: the Status of Non-Violation and Situation Complaints Under the TRIPS Agreement Following MC14
By Viviana Munoz Tellez, Nirmalya Syam
The 14th WTO Ministerial Conference (MC14), held in Yaoundé, Cameroon, concluded on 30 March 2026 without extending the moratorium on non-violation and situation complaints (NVSCs) under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement). This policy brief argues that the expiry of the moratorium does not render NVSCs automatically applicable to disputes under the Agreement. The requirement under Article 64.3 for the TRIPS Council to examine the scope and modalities of NVSCs and for the WTO Ministerial Conference to adopt a consensus decision thereon, has not been fulfilled.
Until such a decision is taken, NVSCs remain inapplicable to TRIPS disputes. However, unless the implications of the non-extension are addressed, it may discourage the adoption of measures in the public interest by developing countries and least developed countries (LDCs) which would be fully legitimate under the TRIPS Agreement. Any attempt to suggest that NVSCs are now applicable to the obligations under this Agreement in the interim should be firmly contested. Resolving this issue through continued discussions in the TRIPS Council must be prioritized.