Least-developed countries, transfer of technology and the TRIPS agreement

Abstract

The Agreement on Trade-Related Aspects of Intellectual Property Rights includes a number of provisions on technology transfer. Developed countries have a positive, legal obligation to provide incentives to enterprises and institutions in their territories to promote and encourage technology transfer to least-developed countries, which is in Article 66.2 of the Agreement. At the Doha Ministerial Conference in 2001, ministers agreed that the TRIPS Council would "put in place a mechanism for ensuring the monitoring and full implementation of the obligations." The Council adopted a decision setting up this mechanism in February 2003. It details the information developed countries are to supply by the end of the year, on how their incentives are functioning in practice. This decision is now being implemented, and submissions made and discussions held in the Council are available as formal documents that can be found online. This chapter outlines in more detail how this decision was negotiated in the WTO and how this provision in Article 66.2 is being monitored in the Council.