| Non-violation complaint is a kind of complaint that can be solved by the DSB of WTO. It is a characteristic procedure, which has played a certain role in GATT/WTO dispute settlement system. As one of the WTO agreements, TRIPS agreement incorporates the dispute settlement mechanism in Article 66.1. But according to Article 66.2, there is a moratorium of application, which ended in December 31 of 1999. In the meantime, TRIPS Council is directed in Article 66.3 to continue its examination of the scope and modalities for non-violation complaint and make recommendations to the Session of the Ministerial Conference. So far, no ultimate conclusion has been reached by the TRIPS Council and the Ministerial Conference, which makes the question pended and unpredicted. Whether or not non-violation complaint applies to TRIPS agreement needs to be solved.In order to know the further meaning of article 64, the author dates back to the source of the provisions in the historical terms. By comparing and analyzing, the author examines the different opinions of different countries in the meaning of article 64 and the status of non-violation complaint in TRIPS agreement. Moreover, the author analyzes the history of examination by the TRIPS Council and the variety of theories relevant. In the author's opinion, the question whether or not non-violation complaint applies to TRIPS arises on the basis of the particularity of intellectual property right, TRIPS and non-violation complaint. Because of the component of non-violation complaint, the application environment, the possible influences and different standpoints of the member countries, the author concludes that non-violation complaint cannot be made available to disputes arising under the TRIPS agreement. |
