THE LEGALITY OF LOCAL PATENT WORKING REQUIREMENTS UNDER THE TRIPS AGREEMENT

The balance between the individual’s intellectual property rights and the public interest has been an area of dispute. This paper focuses on the legality of the local working requirements under TRIPS and the Paris Convention. Part II describes the controversy over the use of the local working requirements through United States v. Brazil. Part III clarifies the interpretations of TRIPS and the Paris Conventions as they relate to the local working requirements. It further analyzes the legality of the local working requirements under TRIPS, considering whether Article 30 and 31 of TRIPS would make legitimate the compulsory license based on local working requirements. Part IV concludes that local working requirements and the compulsory licenses they guarantee are permitted under the TRIPS. “Domestic legislation providing for local working requirements does not unjustifiably discriminate against other WTO members in violation of Article 27 of the TRIPS.”