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

H.E. Ambassador Lundeg Purevsuren
Benin on behalf of LDC Group
14.3 OTHER PLANNED ACTIVITIES FOR THE BENEFIT OF LDCS

482.   In February 2003, the Council for TRIPS instructed the developed Members to present their annual reports on measures they had taken or were intending to take with a view to implementing Article 66.2, which stipulates: 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. 483.   The annual reports were thus presented to that end. The Group wishes to thank those Members who have always presented their reports. However, the content of these reports does not always concern implementation of Article 66.2, which deals with the transfer of technology from developed countries towards LDCs and nothing else. 484.   Certain reports provide lists of technical cooperation projects without really delving into the technology transfer aspect. This falls under the scope of Article 67 rather than Article 66.2. 485.   To avoid such confusion, an outline has been made available to delegations for the submission of their reports. Very few Members have used it. The Group wishes to thank the Members and encourages them to make use of the outline in order to simplify the reports. 486.   In addition to the format of the reports, the Group of LDCs has noted that developed Member countries and LDCs did not have the same understanding of Article 66.2 of the TRIPS Agreement. This being the case, it has requested an interpretation by the Council in order to ensure effective application of these provisions. 487.   Via communication IP/C/W/640 of 16 February 2018, the Group of LDCs requested that the Council for TRIPS discuss the following matters:  That the developed WTO Member countries only mention in their reports the incentives offered with a view to technology transfer to LDCS, thus ensuring that the reports are more specific and targeted in content;  The meaning of "incentives to enterprises and institutions" as provided for in Article 66.2 TRIPS and agreement on the possible ways for developed Member countries to offer incentives to their enterprises and institutions to ensure that these provisions are applied both in letter and in spirit. 488.   It should be noted that the request made by the Group of LDCs has not been acted upon. Some Members have made it known that the Council cannot interpret Article 66.2, which the Group of LDCs disagrees with. 489.   During the workshop organized on 11 and 12 February 2019 by the WTO Secretariat on implementation of Article 66.2, the Group of LDCs made specific mention of these priorities in terms of technology transfer based on room document RD/IP/24. Recommendations were formulated for implementation of Article 66.2, including the establishment of focal points in developed Member countries and LDCs. 490.   The Group of LDCs encourages developed Member countries to follow up this initiative and to do the needful at its end to make this happen. 491.   The Group of LDCs is nevertheless of the view that the focal points must have the same understanding of application of Article 66.2. This is why communication IP/C/W/640 of 16 February 2018 is so relevant. 492.   Considering that the above-mentioned communication was never acted upon, and that the mandate contained in Article 66.2 TRIPS was given by the Ministers, the Group of LDCs foresees a ministerial decision at the Twelfth Session of the WTO Ministerial Conference in Nur Sultan (Kazakhstan) in order to clarify these provisions with a view to their effective implementation. 493.   To this end, the Group of LDCs will carry out consultations with developed Member countries who are interested in the application of Article 66.2. It is already counting on the collaboration and active partnership of all developed Member countries and calls on them to pursue the effective application of Article 66.2 of the TRIPS Agreement.

64.   The Chair said that, in connection with Article 66.2, the Secretariat was planning the 12th Workshop on Technology Transfer. After the success of the arrangements in 2019, this workshop was planned once again to be held back-to-back with the Council's meeting in February 2020. The Secretariat would be in touch with the delegations concerned to prepare for the Workshop.
65.   The representatives of Benin, on behalf of the LDC Group; and Bangladesh took the floor.
IP/C/M/92, IP/C/M/92/Add.1, IP/C/M/92/Corr.1