TRIPS Agreement: Technology transfer (Art. 66.2)

Under Article 66.2 of the TRIPS Agreement, developed country Members shall provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to least-developed country Members in order to enable them to create a sound and viable technological base.

At the Doha Ministerial Conference, as part of the 2001 Doha Ministerial Decision on Implementation-Related Issues and Concerns, WTO Ministers agreed that the TRIPS Council would put in place a mechanism for ensuring the monitoring and full implementation of the obligations. (paragraph. 11.2)

Implementation:

Pursuant to the Implementation Decision, in February 2003, the TRIPS Council adopted a Decision on “Implementation of Article 66.2 of the TRIPS Agreement”, which detailed information developed countries were to supply by the end of the year on whether and how their incentives were functioning.

Since the adoption of the Decision, the TRIPS Council has conducted several such annual reviews, based on reports from developed countries. In addition, since 2008, the WTO Secretariat has been organizing workshops on an annual basis in order to achieve a better understanding of the operation of Article 66.2 and to establish a dialogue between LDC beneficiaries and donors.


Available Smooth Transition Procedures:

Utilization by LDCs:

Resources:

  1. Special and Differential Treatment Provisions in WTO Agreements and Decisions – Note by the Secretariat
  2. Implementation of paragraph 6 of the Doha Declaration on the TRIPS Agreement and public health
  3. Paragraph 18 of the Doha Ministerial Declaration
  4. 2001 Doha Ministerial Decision on Implementation-Related Issues and Concerns,
  5. WTO document IP/C/28, 28 February 2003, “Implementation of Article 66.2 of the TRIPS Agreement”
  6. WTO document IP/C/40, 30 November 2005, “Extension of the Transition Period under Article 66.1 for Least-Developed Country Members”
  7. WTO document IP/C/W/544, 26 October 2009, “Least Developed Country Members’ priority needs assessments: the Aid-for-Trade initiative and the Enhanced Integrated Framework”
  8. WTO document IP/C/W/634, 9 October 2017, “WTO Secretariat Technical Cooperation in the TRIPS Area