[Ip-health] [A2k] WTO TRIPS Council: Intervention of India on Article 66.2

Suerie Moon suerie_moon at yahoo.com
Tue Oct 15 00:10:09 PDT 2013

Hi all,
A couple quick responses to Seth's message and the subsequent discussion:

1. The term "technology transfer" has been used in very different ways, among them to refer to the practice of university out-licensing of IP to firms (through university "Technology Transfer Offices (TTO) or Technology Licensing Offices (TLO)), and the broader transfer of information, skills, IP rights, and/or know-how from one party to another. Defining it precisely has proven difficult at the international level where significant debates on tech transfer have been taking place at least since the 1960s. There is a useful brief overview here: 
http://ictsd.org/i/news/bridgesweekly/119340/ Bridges Weekly Trade News Digest • Volume 15 • Number 40 • 23rd November 2011 Commentary | Fifty Years Later, the IP, Technology Transfer, and Development Debate Lives On by Ahmed Abdel Latif and Pedro Roffe
2. While I agree with Brook's overall response, it is important to note that TRIPS 66.2 should not be considered "soft law," but rather, as legally binding as any other part of TRIPS. The fact that there has been almost no political attention paid to implementation or enforcement of 66.2, probably has much more to do with power dynamics than with the binding nature of the obligation.

Carlos Correa has written about it here: 

Correa, C. M. (2007).Intellectual Property in LDCs: Strategies for Enhancing Technology Transfer and Dissemination. 
UNCTAD:  The  Least  Developed  Countries  Report  2007,  Background  Paper  No.4.  United  Nations  Conference  onTrade and Development. New York and Geneva: United Nations. Available; http://unctad.org/sections/ldc_dir/docs/ldcr2007_Correa_en.pdf

and I have done two studies looking at how well developed countries have fulfilled their 66.2 obligations, available here: 

Moon, S. (2009). Does TRIPS Art. 66.2 Encourage Technology Transfer to LDCs? An Analysis of Country Submissions to 
the TRIPS Council (1999-2007). Policy Brief No.2. UNCTAD- ICTSD Project on IPRs and Sustainable Development.Geneva: UNCTAD-ICTSD. Available; http://ictsd.org/downloads/2009/03/final-suerie-moon-version.pdf

Moon, S. (2011).Meaningful Technology Transfer to the LDCs: A Proposal for monitoring mechanism for TRIPS Art 66.2.  Policy Brief No.9. UNCTAD- ICTSD Project on IPRs and Sustainable Development.Geneva: UNCTAD-ICTSD. Available: http://ictsd.org/downloads/2011/05/technology-transfer-to-the-ldcs.pdf

Best wishes,
-Suerie Moon

On Monday, October 14, 2013 10:52 AM, Michael H Davis <m.davis at csuohio.edu> wrote:
There are, in my opinion, two things that are desperately needed to ward off the very worst of IP consequences (all of it is bad but some are worse than others). First, repeal TRIPS. Second, repeal Bayh-Dole. The notion, according to you, that they are expanding internationally is too discouraging to ponder. Bayh Dole was truly a fraud on the public. Now it is becoming a fraud on the world.

Mickey Davis

Seth Johnson <seth.p.johnson at gmail.com> wrote:

I suspect that I'm right, and India and other developing countries
should be leery of rationalizing this approach to things.

I think it's time for the A2K folks to take a new look at things with
reference to the World Summit for the Information Society, and how
telecom policy is developing.  You may be seeing more from me on this


On Fri, Oct 11, 2013 at 9:38 AM, Seth Johnson <seth.p.johnson at gmail.com> wrote:
> Hi Thiru and list:
> Is this "technology transfer" like that for research at
> publicly-funded institutions?
> I'm seeing similar language in ITU resolutions -- plus signs that the
> idea is like the Bayh-Dole getup.
> If so, isn't it important for some countries to withstand the notion
> of privatizing publicly funded research?  We're seeing a lot of bad
> consequences of the erosion of the notion of "public fruits" that
> derives from Bayh-Dole in the US.
> Seth
> On Fri, Oct 11, 2013 at 8:24 AM, Thiru Balasubramaniam
> <thiru at keionline.org> wrote:
>> http://keionline.org/node/1807
>> _______________________________________________
>> A2k mailing list
>> A2k at lists.keionline.org
>> http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org

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