TRIPS and Technology Transfer

Författare

Hans Henrik Lidgard

Summary, in English

Abstract in Undetermined
TRIPS is a trade-off between the interest of the developed world in having its technology respected and the need for technology transfer especially to the least-developed countries. But this balance of interests is poorly expressed in the Agreement, which is primarily devoted to protection of intellectual property rights and only marginally addresses the other side of the coin – the technology transfer.
Article 66 provides that least-developed countries shall be provided with longer transition periods for introducing certain legislative requirements in their national legislation. Article 67, despite the impressive title of “Technical Cooperation”, only stipulates that richer countries shall provide, on request and on mutually agreed terms and conditions, technical and financial cooperation. This support is, in any event, limited to the preparation of laws and establishment of domestic institutions and training of personnel.
The only provision, which directly addresses technology transfer, is Article 66 paragraph (2) The objective is limited in recognition of the underlying reality. Member States do not in most cases own technology that can be transferred. Private individuals and industry do. All that the developed countries can promise to do is to provide incentives to industry.
Are there other ways of facilitating the transfer and dissemination of technology? This brief exposé summarizes what has been achieved during the last decade paying especial regard to both compulsory licensing and trade diversion rules.

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