Download here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2364991

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.