Minutes - TRIPS Council - View details of the intervention/statement

H.E. Ambassador Xolelwa Mlumbi-Peter
12 LDC GROUP PROPOSAL ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT
294.   My delegation would like to associate with the statement made by Bangladesh on behalf of the LDC Group. 295.   Among the various provisions of special and differential treatment laid down in the WTO laws, TRIPS Article 66.2 with specific provision of technology transfer to LDCs has become an important and more relevant in the context of technology led world economy of the 21st century. 296.   In this context, my delegation would like to extend sincere appreciation to all developed country Members for their support and cooperation through various means of technical assistance. 297.   I would like to recall the various initiatives and efforts towards implementation of the TRIPS Article 66.2 provision and its reporting mechanism. 298.   The LDC Group has made three submissions over time to make the reporting mechanism clear and uniform under this Article. 299.   My delegation appreciates the annual reports by developed country Members and the engagement of those Members in the reviews and workshops devoted to the TRIPS Article 66.2 implementation. 300.   The clear objective of TRIPS Article 66.2 in terms of implementation is to promote and encourage transfer of technology in LDCs so that we can develop a sound and viable technological base. 301.   However, there is still gap between the spirit and letter of the TRIPS Agreement mandate and its real implementation while providing assistance to LDCs under TRIPS Article 66.2. 302.   Further clarification on incentive as per the spirit of the provision, its modality and coverage of enterprises and institutions to collaborate may also be required to facilitate the implementation effectively. 303.   LDCs submitted a room document of an illustrative list, RD/IP/24, containing possible incentives that resonate for LDCs and could indicate what to provide and what to report to the TRIPS Council. 304.   My delegation would like to thank Switzerland for its report in 2019 indicating that the LDC illustrative list served as a guide. 305.   We believe that the responsibility to provide incentives may falls on the developed country Member Government and not on the private sector entities and enterprises. Therefore, it may need a clear mechanism of incentivizing enterprises and institutions in developed country Members to motivate them to transfer technology in LDCs. 306.   My delegation would like to extend sincere appreciation to all developed country Members for their continued support to LDCs and expect further enriched cooperation in future particularly in technology transfer under Article 66.2 of the TRIPS Agreement.
50.   The Council took note of the statements made.
47.   The Chair said that the agenda item had been requested by Chad, on behalf of the LDC Group. A communication had been circulated in document IP/C/W/664. She invited the LDC Group to introduce the agenda item.
48.   The representative of Bangladesh, on behalf of the LDC Group, took the floor to introduce the item.
49.   The representatives of Nepal; Nigeria; Tanzania, on behalf of the LDC Group; Zimbabwe; South Africa; India; China; the United States of America; Switzerland; Canada; Japan; Indonesia; and, the European Union took the floor.
50.   The Council took note of the statements made.
IP/C/M/95, IP/C/M/95/Add.1