Technology Transfer at the WTO: Old Promises and New Hopes of the Developing World

摘要

While the subject of forced technology transfer has elicited sharp focus in recent years, similar attention has not been directed to the issue of voluntary technology transfer under the aegis of the WTO. Technology transfer was seen as a tool to enable development by both developing countries and least developed countries (LDCs). Article 66.2 of the TRIPS Agreement entrenched technology transfer to LDCs as a hard obligation for developed countries, but its imperfect implementation has caused concerns to LDCs. Developing countries, such as India, are not beneficiaries under Article 66.2, but they have pushed for a closer link between technology transfer and development issues through a variety of ways at the WTO. Due to COVID-19, the issue of technology transfer concerning health in the LDCs becomes more important. Against this background, this article analyses the experience of LDCs with the implementation of Article 66.2 and India's experience in its push for further entrenchment of technology transfer obligations. This article specifically assess technology transfer by the US and the EU in light of COVID-19 vis-a-vis Article 66.2. The paper pays particular attention to the various roadblocks in the implementation of Article 66.2 and the solutions as proposed by LDCs themselves.