The TRIPS technology transfer and pharmaceutical innovation: shifting focus to capacity building in least developed countries

The TRIPS technology transfer and pharmaceutical innovation: shifting focus to capacity building in least developed countries

Journal article

1 online resource

Access to technology for industrial development and pharmaceutical innovation (which is the focus of this paper) is useful in growing a viable economy and creating competitive advantages. In promoting access to technology, especially in Least Developed Countries (LDCs), art.66.2 of the Agreement on Trade Related Aspects of Intellectual Property (TRIPS Agreement) enjoined developed countries to incentivise their local enterprises to transfer technology to LDCs. However, some scholars have canvassed that art.66.2 is flawed and ineffective because it only creates a ‘best endeavour’ commitment. It does not create a mandate. Consequently, it is difficult to derive meaningful benefit from the ‘best endeavour’ provision to enable LDCs to grow their local pharmaceutical industry. This discussion highlights that even if art.66.2 compels developed countries to transfer pharmaceutical technology, most receiving LDCs lack the technological capacity to adapt and use it. The central argument here is that art.66.2 can deliver its objective in its current ‘best endeavour’ state, provided LDCs build the capacity to exploit the technology received through a proactive and collaborative strategy. Using East African Community (EAC) pharmaceutical innovation as an example, it will be shown how with the requisite skills and capacity to adapt pharmaceutical technology art.66.2 can facilitate technology transfer. It will be explained that LDCs can effectively utilise art.66.2 within a Regional Economic Community (REC) and by establishing a Regional Technology Transfer Office (RTTO).

Crossref

Intellectual Property Quarterly ; I.P.Q. 2025, 1, 30-47

[New York, NY] : Thomson Reuters, 2025.

English

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