21 Jun 2013    Working Papers
Cottier, Thomas , Lalani, Shaheeza , Temmerman, Michelangelo

Use it or Lose it? Assessing the Compatibility of the Paris Convention & TRIPS with respect to Local Working Requirements

by Thomas Cottier, Shaheeza Lalani and Michelangelo Temmerman

Can or should countries impose the local production of inventions for which they grant a patent? In times of trade in components, in times of ‘made in the world’; the answer seems given: no. However, the calculation of costs and benefits of a local production requirement on the local community depend on a number of factors. The results of the calculation are likely to vary among regions and technology sectors, and the answer thus appears nuanced. What does international law impose in this regard? Does it sufficiently (allow to) reflect these differences, and how to bring the economic reality into play when discussing the legal interpretation of (international) laws? This paper offers a case study on these questions analysing the apparent legal conflict between Article 5 of the Paris Convention and Article 27 of the TRIPs Agreement.

NCCR Trade Working Paper No. 2012/11