Regulating Patent Holders: Local Working Requirements and Compulsory Licences at International Law

Abstract

For decades, industry lobbyists and governments have been mounting pressure on other countries to offer stronger protection for foreign owned intellectual property. This paper seeks to sow dissent among those who feel that the NAFTA and TRIPS agreements represent the triumph of strong intellectual property rights over domestic policy-making alternatives. Focusing on patent law, in particular, this article argues that there are a wide range of policy options open to patent granting countries which both circumscribe patent holder's rights and comply with TRIPS and NAFTA. More specifically, the author argues that TRIPS and NAFTA signatories continue to enjoy relatively broad discretion to legislate compulsory licensing and mandatory local working conditions.