Encouraging Technology Transfer to LDCs: Towards a More Effective Implementation of TRIPS Article 66.2

15th June 2008 • Co-organised with United Nations Centre for Trade and Development

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Encouraging Technology Transfer to LDCs: Towards a more effective implementation of TRIPS Article 66.2

Effective technology transfer and strong intellectual property protection have the potential to contribute to significant growth among developing countries and, in particular, least-developed countries (LDCs). To help support this, special provisions exist under the TRIPS Agreement in the WTO that encourage technology transfer to LDCs from their developed country counterparts. Yet, implementation of this discipline is not as effective as some members had initially anticipated. To address this concern and establish recommendations for improvement, ICTSD and the United Nations Conference on Trade and Development have co-organized a dialogue event entitled, “Encouraging Technology Transfer to LDCS: Towards a More Effective Implementation of TRIPS Article 66.2.”

Under Article 66.2 in TRIPS, developed countries are required to provide incentives to their national enterprises to promote transfer of technologies to LDCs. It is believed that such transfer will support the establishment of sound and viable uses of technologies among these member states, helping to encourage growth and innovation. But LDCs claim that developed countries are not effectively implementing this article and as such, are not fulfilling their obligations under the WTO.

In response, a panel discussion was organized for the ICTSD-UNCTAD dialogue event, where participants will exchange views on how to encourage greater technology transfer. As part of this exercise, Professor Dominique Foray— a leading economist on knowledge and innovation— presented the results of a recent report that examines ways to improve transfer of technology to LDCs. Entitled, “Technology Transfer in the TRIPS Age: The Need for New Types of Partnerships Between the Least Developed and Most Advanced Technology,” the report pays particular attention to the need for public-private partnerships.

Suerie Moon, a Research Fellow at Harvard University in the US., also made a presentation. Ms. Moon analyzed reports submitted by developed countries to the WTO Council for TRIPS in fulfilment of Article 66.2. She also provided recommendations on how to improve the implementation of this provision, based on the reports’ conclusions.

Following Professor Foray and Ms Moon, Elly KAMAHUNGYE, a representative of the LDC group to the WTO provided hisreactions on behalf of the cluster. Subsequently participants were encouraged to join the discussion with the view to provide recommendations on ways technology transfer from developed countries can be improved to encourage growth and innovation.

The International Centre for Trade and Sustainable Development (ICTSD) and the United Nations Conference on Trade and Development (UNCTAD) are pleased to invite you to a panel discussion on means to encourage technology transfer to Least Developed Countries (LDCs).

Developing countries, in general, see technology transfer as part of the bargain in which they agreed to strengthened intellectual property protection under the TRIPS Agreement. The TRIPS Agreement includes a number of specific provisions in this regard. Most notably, Article 66.2 requires developed countries to provide incentives for to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to LDCs in order to enable them to create a sound and viable technological. LDCs have expressed their wish to see this requirement to be implemented in a more effective manner.

Prof. Dominique Foray, a leading economist on knowledge and innovation from l’Ecole Polytechnique Fédérale de Lausanne, will present the results of a report entitled “Technology Transfer in the TRIPS Age - The Need for New Types of Partnerships between the Least Developed and Most Advanced Economies”. The report explores ways to improve technology transfer to LDCs and focuses on the need for public-private partnerships to achieve this (attached is a summary of the report).

List of Participants
1 Kiyoshi ADACHI, UNCTAD
2 Juliette ANCELLE, IP Watch
3 Syed Ali ASAD, Permanent Mission of Pakistan to the UN
4 Alain AUMONIER, Sanofi-Aventis
5 Thiru BALASUBRAMANIAM, KEI
6 Sergio BALIBREA, Delegation of the European Commission to the International Organisations in Geneva
7 Ravi BHATTARAI, Permanent Mission of Nepal to WTO
8 Paolo BOIFANI, Consultant
9 Daniel BIRCHMEIER, SECO
10 Esteban BURRONE, WIPO
11 Fleur CLAESSENS, ICTSD
12 Michaela DODINI, European Commission
13 Lessie DORE, Quaker UN Office in Geneva
14 Igbal ELAMIN, Permanent Mission of Sudan to the UN
15 Marwan ELKHOURY, UNCTAD
16 Madeleine ERIKSSON, IFPMA
17 Moutairou FADILOU, Permanent Mission of Benin to the UN
18 Prof. Dominic FORAY, University of Lausanne
19 Carlos GARBANZO, Permanent Mission of Costa Rico to the UN
20 Patriota GUILHERME, Permanent Mission of Brazil to the WTO
21 Sandy HARNISCH, UNCTAD
22 Cristina HERNANDEZ, Permanent Mission of Mexico to the WTO
23 Arno HOLD, Swiss Institute of Intellectual Property
24 Motaher HUSSAIN, Permanent Mission of Bangladesh to the WTO
25 Susan ISIKO, Geneva University
26 Elly KAMAHUNGYE, Permanent Mission of Uganda to the WTO
27 Roger KAMPF, WTO
28 Mariane LAMBERT, European Commission
29 Ahmed Abdel LATIF, ICTSD
30 Michael LIM, UNCTAD
31 Mothae MARUPING, Permanent Mission of Lesotho to the UN
32 Malebona Precious MATSOSO, WHO
33 Wolf R. MEIER-EWERT, WTO
34 Suerie MOON, Harvard University
35 Mapheko MOTHETSI, Permanent Mission of Lesotho to the UN
36 Sisule MUSUNGU, IQSensato
37 Anayawa MUTEMWA, WTO
38 Tu NGUYEN, WTO
39 Márcia Aribela PEREIRA, IQSensato
40 Andre du PLESSIS, CIEL
41 Chita RADHAKISHUN, UNCTAD
42 Pedro ROFFE, ICTSD
43 Camille RUSSELL, ICTSD
44 Catherine SAEZ, IP Watch
45 Dalindyebo SHABALALA, CIEL
46 Sangeeta SHASHIKANT, Third World Network
47 Yusong CHEN, Permanent Mission of China to the WTO
48 Viviane Minoz TELLEZ, South Centre
49 Michelangelo TEMMERMAN, WTI
50 Oline TWISS, CIEL
51 Rene URUENA, CIEL
52 Gina VEA, WHO
53 Lucas VON WATTENWILL, Swiss Institute of Intellectual Property
54 Jayaslire WATAL, WTO
55 David Ahmed ZAFAR, ICTSD