An analysis of the existing mechanism of transfer of technology from the developed to the developing countries under the trips agreement

Abstract

This paper is an attempt to explore the existing mechanism of international transfer of technology from the developed countries to the least developed countries under the Agreement on Trade-Related Aspects (TRIPs) of the World Trade Organisation (WTO). It starts with tracing the origins of transfer of technology in relation to intellectual property rights for revealing the rationale behind the concept of international transfer of technology as it is understood today under the WTO regime. It looks into the relevant provisions of TRIPs, primarily Article 66(2) and the super-structure built on it, during the last decade, by the TRIPs Council for facilitating international transfer of technology (ITT) to the Least Developed country Members of the WTO. With reference to this existing structure for ITT, this paper attempts identify the needs of LDCs and the measures taken by WTOs Developed country Members for addressing these needs or for purportedly fulfilling their obligations under TRIPs. On these two bases, an attempt has been made to judge the effectiveness of the ITT provisions of TRIPs. On the basis of the reports filed by LDCs before the TRIPs Council and this essay pinpoints the objections of LDCs on the existing set up of ITT. On the other hand it also looks into the concerns of the Developed country Members of WTO in relation to ITT. The essay ends with a few proposals for making out a case for improving the existing mechanism of ITT.