Can The Current wto Legal Framework Foster Technology Transfer to Developing Countries?

Abstract

Economists have long recognized that the transfer of technology (TT) is at the heart of the process of economic growth.1 As such, they argue that the progress of both developed and developing countries depends on the extent and efficiency of such transfer.2 TT itself is a mechanism for the shifting of information across borders and its effective diffusion into recipient economies. This can include the technology itself, trade terms and intellectual property rights, and policies of technology exporting countries, investment, and competition issues that can affect the terms of access to knowledge.3 Thus, TT involves numerous complex processes, ranging from innovation and international marketing of technology to its absorption and imitation.4 Particularly important to this dissertation is the fact that a number of provisions in the agreements presided over by the World Trade Organisation (WTO) mention the need for the transfer of technology to take place between developed countries and developing countries.5 This is the backdrop against which a group of developing

1 K. Ramanathan, An Overview of Technology Transfer and Technology Transfer Models,http://www.businessasia.net/Pdf_Pages/Guidebook%20on%20Technology%20Transfer%20Mechanisms/An%20overview%20of%20 TT%20and%20TT%20Models.pdf (Accessed 13 April 2015). 2 Ibid. 3 K.E Maskus, `Encouraging International Technology Transfer,’ UNCTAD-ICTSD Projection IPRs and Sustainable Development, Issue Paper No. 7, 2004 http://www.iprsonline.org/unctadictsd/projectoutputs. (Accessed 28 March 2015). 4 Technology Transfer - South Centrehttp://www.southcentre.int/category/issues/intellectual-property-andinnovation/technology transfer/page/2/(Accessed 9 April 2015). 5 See the preamble, Articles 7, 8, 40 and 66.2 of the Trade Related Aspects of Intellectual Property Rights (TRIPS);Article 9 of the Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures; the 10 countries submitted a proposal in 20016 for the establishment of a working group to study the inter-relationship between trade and transfer of technology. In this vein, it is the purpose of this dissertation to explore whether the current WTO legal framework fosters technology transfer to developing countries.