Rethinking the incentive-based approach to technology transfer in Article 66.2 of the TRIPs Agreement

Rethinking the incentive-based approach to technology transfer in Article 66.2 of the TRIPs Agreement

Journal article

1 online resource

The article argues that art.66.2 of the Trade-Related Aspects of Intellectual Property Agreement (TRIPS)—which mandates developed countries to provide incentives to their enterprises and institutions to facilitate technology transfer to Least Developed Countries (LDCs)—as presently framed, is unlikely to fulfil its objectives. It goes on to demonstrate that under the current system, developed countries retain unbridled discretion over how this obligation is interpreted and implemented, leaving LDCs, the utmost beneficiaries of art.66.2, with no input, sustaining a disconnect between what is needed by LDCs and what developed countries implement. Consequently, art.66.2 has remained ineffective in promoting technology transfer to LDCs. Yet, it is essential to LDCs’ development objectives. Building on an analysis of the minutes and other documentation related to the Council of TRIPS meetings, and the Implementation Reports submitted by developed countries between 1999–2020, it is shown that the overreliance on an "incentive-based" framework in implementing art.66.2 is problematic, and several practical and conceptual faults in this framework are identified. It proposes a financial mechanism as a replacement. Furthermore, it is suggested that LDCs must be assigned an active role in interpreting and implementing art.66.2. In this current formulation, LDCs are mere takers; they have to accept what they are offered, even if what is offered is inadequate. Yet, only LDCs can define and identify their technological needs and the type of technologies appropriate for those self-defined needs.

Crossref

Intellectual Property Quarterly ; I.P.Q. 2024, 2, 108-135

[New York, NY] : Thomson Reuters, 2024.

eng

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