Used for three purposes.
- First, the requirement that a trademark be actually used in countries where it is granted, or risk cancellation for lack of use.
- Second, it refers to certain types of compulsory license provisions, which may be applied if the goods covered by the intellectual property are not made available in a given country or territory (this particularly applies to pharmaceuticals or medical equipment).
- Third, it can refer to a requirement in a patent license, particularly an exclusive license, that the licensee actually practice the invention. In this instance a working requirement will usually contain milestones and minimum use/sales requirements to maintain the license in force and cancellation provisions, with cure clauses for failure to meet the working requirements.