166. Ecuador would like to reiterate to the Council the importance it attaches to the transfer of environmentally rational technology, which is why we requested that this item be included on the agenda. We are very grateful to the Secretariat for this.
167. At the TRIPS Council meeting held on 11 June 2013, Ecuador introduced document IP/C/W/585/Rev.1 entitled "Contribution of Intellectual Property to Facilitating the Transfer of Environmentally Rational Technology", based on the preamble to the TRIPS Agreement, which refers to the promotion of technology transfer to developing countries. This is furthermore underpinned by the provisions of Articles 7 ("Objectives") and 8 ("Principles"), the ultimate aim of which is to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the transfer of technology.
168. Ecuador's proposal was also based on the first paragraph of the preamble to the Marrakesh Agreement Establishing the World Trade Organization, in which the principles and objectives governing the multilateral trading system specifically refer to sustainable development and the protection and preservation of the environment. These provisions form the basis for paragraphs 6, 31 and 33 of the 2001 Doha Ministerial Declaration, which set out commitments to ensure proper coordination between trade agreements covered by the WTO and multilateral environmental agreements, and which also recognize the importance of technical assistance and capacity building in the field of trade and the environment for developing countries.
169. My delegation wishes to thank the delegations of Cuba, China (which has reserved its right to respond to Ecuador's specific proposals), Bangladesh, Bolivia, Brazil, India, Indonesia, Nepal, Rwanda and the Dominican Republic for endorsing the paper submitted.
170. I would add that an "early and timely" technology transfer programme for the developing countries is an essential element in the fight against climate change and adaptation to and mitigation of its harmful effects. These countries will find their own efforts constrained and will have little chance of joining the efforts undertaken by the international community to combat these problems, if they do not have the appropriate tools which can only be obtained through the international transfer of technology.
171. The aforementioned information shows that the issue of IPRs and the debate on cooperation in the transfer of technology are becoming essential to finding the best way to combat the harmful effects of climate change, above all for the developing countries. Factors such as lack of information and excessive protection, inappropriate enforcement and abuse of IPRs, and particularly patents, will undoubtedly jeopardize social and economic well being and the balance of rights and obligations between producers and users, which will be detrimental to the developing countries and their access to cutting-edge technology.
172. In view of the foregoing, Ecuador considers that it is appropriate to include the issue of IPRs and mechanisms for the transfer of environmentally sound technology in the discussions held by this Council, in order to combat the harmful effects of climate change in the context of the multilateral trading system.
173. The paper submitted by Ecuador presents some ideas on options that could be considered with regard to IPRs and climate change in the context of the multilateral trading system, such as the automatic granting of rights through voluntary licensing, use of the TRIPS flexibilities, and regulation of licensing costs, inter alia. The main aim of the paper is to prevent IPRs from becoming a barrier for the transfer of technology to the developing countries.
174. Lastly, Ecuador's paper proposed that Members consider adopting, at the Bali Ministerial Conference, a "declaration" in which they would enshrine the principle that "nothing in the TRIPS Agreement can minimize or impair the flexibilities provided for in that Agreement, nor prevent or limit Members taking measures they consider necessary to protect their population from the effects of climate change and to make use of environmentally sound technologies".
175. In conclusion, my delegation would also like to suggest that this item on the TRIPS Council agenda be addressed next year, as we consider that the issue has not been exhausted and that it deserves to be discussed.
