Study On The Applicability Of "Non-violation Complaints" In TRIPS

As one of the basic appeals of the GATT/WTO legal system, the "non-violation complaints" plays an important role in the GATT/WTO dispute settlement, it makes GATT/WTO members have the right to appeal when suffering loss or damage caused by the measures taken by one party on the basis of relevant agreements enjoyed by the due interests, even if these measures taken by the party are not in accordance with the GATT/WTO rules of the commitments. Along with the foundation of the WTO, "non-violation complaints" covers not only the trading in goods, but also the trade in services, intellectual property rights and other new fields. As one of the WTO agreements, TRIPS agreements, Article 64, paragraph 1 of the introduction of GATT dispute settlement mechanism, suspends the application of "non-violation complaints" in paragraph 2.So far, "non-violation complaints " is still a focus of concern on whether to apply to the TRIPS agreement or not.This article aims to examine the development of the "non-violation complaints" in the past, and sum up the rules and practical significance of the non-violation complaints, and explore the application of value of the non-violation complaints in the TRIPS agreements.The author believes that: the system of the non-violation complaints in the GATT/WTO system's role should be in the affirmative, including the procedure to fill in the tariff reduction resulting from loopholes in order to safeguard the stability of the multilateral trading system. At the same time, the non-violation complaints in the TRIPS agreements has its "pre-defense" value.Finally, the author also makes an analysis of the rules of conditions and evidence of the non-violation complaints in the TRIPS agreements.