文章首先回顾了非违反之诉在世界贸易组织(WTO)下的适用现状,进而结合非违反之诉的构成要件逐一分析TRIPS协议下适用这类诉讼的可行性,最后权衡非违反之诉适用于TRIPS协议给不同利益群体带来的潜在影响,并得出结论:现阶段若在TRIPS协议下适用非违反之诉对发展中国家和公共利益而言,均是弊大于利。 First of all, the article reviews the status quo of the application of non-infringement complaint under the World Trade Organization (WTO), and then analyzes the feasibility of applying such lawsuit under the TRIPS agreement according to the elements of the non-infringement complaint. Finally, The potential impact of the TRIPS agreement on different interest groups has led to the conclusion that at this stage it would be more harm than good to both developing countries and the public interest to apply the non-infringement complaint under the TRIPS agreement.