World Trade Organization's Intellectual Property Rights Protection and Technology Transfer to Developing Countries

Abstract

The relationship between intellectual property rights (and TRIPS agreement as part of an international trade regime which strongly protects them) and technology transfer to developing countries is a complex one. Much has been said and written on the economic and legal implications of strong intellectual property rights systems with regards to development, and the goal of this work is not to make a comprehensive assessment of the state of the academic opinion on the broad topic of intellectual property rights in relation to development, but to simply approach the subject of TRIPS agreement in relation to technology transfer, while addressing a little more thoroughly the meaning of some of the relevant provisions this agreement contains. This paper, as stated, tries to approach the subject, to outline the main arguments that have been put for and against strong intellectual property rights with regards to technology transfer to developing countries, and it goes into some detail to describe, put into context and discuss the legal extent and the potential effects of the provisions contained within TRIPS agreement that address technology transfer and that put limits to those provisions of member states’ domestic regulation of intellectual property rights that could be put in place in order to increase technology transfer and technology diffusion. Finally, some proposals of change and possible reform within TRIPS agreement and its interpretation to increase technology transfer to developing nations are briefly addressed.