Developing countries, in particular, see technology transfer as part of the bargain in which they have agreed to protect intellectual property rights. The TRIPS Agreement includes a number of provisions on this. For example, it requires developed countries’ governments to provide incentives for their companies to transfer technology to least-developed countries (Article 66.2).

> Back to TRIPS issues

Least-developed countries want this requirement to be made more effective. In Doha, 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 (Word format: 2 pages; 29 KB) 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 is now being implemented, and will be reviewed in full when the TRIPS Council meets in November 2003. At the same time, the question of technology transfer continues to be raised under various TRIPS headings such as TRIPS and Public Health.

Is it possible to have intellectual property disputes in the WTO even if no agreement has been violated? If so, how could they be handled?

News back to top

13–18 December 2005: Hong Kong Ministerial Conference: Ministers agree on declaration that ‘puts Round back on track’
> News item   > Ministerial Declaration   > Ministerial main page
  

WIPO-WTO joint workshop: Intellectual Property Rights and Transfer of Technology
Held on 17 November 2003, and open to all WIPO member states and WTO members and observer governments. Full details, including presentations on the WIPO website (link opens in a new window).

Documents back to top