Non-Violation Nullification or Impairment Causes of Action Under the TRIPS Agreement and the Fifth Ministerial Conference: A Warning and Reminder

Quaker United Nations Office (Geneva)(QUNO), Occasional Paper No. 11, July 2003

4 Pages Posted: 9 Dec 2013

See all articles by Frederick M. Abbott

Frederick M. Abbott

Florida State University - College of Law

Date Written: July 1, 2003

Abstract

From the standpoint of developing countries, the possibility of non- violation causes of action being brought under the TRIPS Agreement would give rise to serious risks. In the India-Mailbox decision, in which the Appellate Body (AB) first interpreted the TRIPS Agreement, it stressed reliance on the express text of the agreement and discounted the significance of Member’s expectations concerning its effects. Although the AB has given little indication that it would permit Members to significantly expand the agreement to encompass subject matter not expressly contemplated by the text, there remains the possibility of developing Members being forced to defend claims brought on non-violation grounds, even if for the most part such claims are ultimately rejected.

Keywords: TRIPS Agreement, Non-Violation Complaints, WTO Dispute Settlement

JEL Classification: K33, O34

Suggested Citation

Abbott, Frederick M., Non-Violation Nullification or Impairment Causes of Action Under the TRIPS Agreement and the Fifth Ministerial Conference: A Warning and Reminder (July 1, 2003). Quaker United Nations Office (Geneva)(QUNO), Occasional Paper No. 11, July 2003 . Available at SSRN: https://ssrn.com/abstract=2364991

Frederick M. Abbott (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-644-1572 (Phone)
850-645-4862 or 917-591-3112 (Fax)

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