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
Date Written: July 1, 2003
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: Suggested Citation