STATEMENT OF JURISDICTION
THE PANEL HAS JURISDICTION OVER THE SUBJECT MATTER OF THIS DISPUTE
UNDER ART. 1.1 OF THE DSU AND ARTICLE XXIII OF THE GATT
The Panel has original jurisdiction over the matter presented by the states The dispute involves
states that are party to the World Trade Organization pursuant to Article 1.1 of the Dispute
Settlement Understanding. Further the subject matter of the conflict between the contracting
parties fall within the GATT Agreement XXIII in the nullification of an agreement where a
contracting party may have failed to carry out its obligation. As such the subject matter presented
before the panel may be subjected to the jurisdiction of the panel in determination of the rationae
materiae of the subject matter.
THE SEIZURE OF THE SHIPMENT OF DRUGS BY VERSANIA IN TRANSIT FROM
ARION TO BOUTICA VIOLATES ARTICLE 41,51 AND 52 OF THE TRIPS AGREEMENT
The actions of Versania in the seizure of the shipments of ANCOP vaccines in transit from Arion
and Boutica via Versania constitutes a violation of article 41 ,51 and 52 of the TRIPS
Agreement. The agreement under article 51 prescribes that any action in application of
suspension of release of imported goods deemed to have been in violation or may be suspected to
be an infringement of intellectual property rights may lodge an application in writing with
competent authorities. To which a correspondence will be made in respect to goods being
exported out of the country. Article 52 prescribes that the antecedent by the proper authorities
should confirm duly that there is a prima facie infringement on the rights.
The ministerial decision relied upon by the state of Arion and Boutica allows for the use of a
patented product required for the supply and production of the COVID-19 vaccine
