Report by Developed Country Members on the implementation of TRIPS Art. 66.2 (re. Technology Transfer to LDCs) - View details of the document

Australia

REPORT ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT

Australia

The following communication, dated 15 September 2021, from Australia, is being circulated pursuant to paragraph 1 of the Decision on Implementation of Article 66.2 of the TRIPS Agreement (IP/C/28).

1  Introduction

  1. Australia is committed to implementing Article 66.2 of the TRIPS Agreement. Australia is also committed to sharing information with other WTO Members about incentives and support it offers enterprises and institutions to promote and encourage technology transfer to least developed country Members (LDCs). 
  2. This is a full report in respect of Article 66.2 which builds upon annual update reports provided in 2012 (document IP/C/W/580/Add.2), 2013 (document IP/C/W/594/Add.7), 2014 (document IP/C/W/602), 2015 (document IP/C/W/611.Add.4), 2016 (document IP/C/W/616/Add.1), 2017 (document IP/C/W/631/Add.1/Rev.1), 2018 (document IP/C/W/646/Add.2), 2019 (document IP/C/W/656/Add.3) and 2020 (document IP/C/R/TTI/AUS/1). It is submitted in accordance with the TRIPS Council’s Decision of 20 February 2003 on Implementation of Article 66.2 of the TRIPS Agreement (document IP/C/28). Consistent with that decision, developed country Members are to provide annual reports on actions taken or planned in pursuance of their Article 66.2 commitments. The report focuses on incentives that are either targeted specifically at LDCs or at a group of countries which includes an LDC.
  3. In this report, technology transfer is taken to include training, education and the dissemination of knowledge, as well as the intellectual property embedded in transferred goods and services and the dissemination of business information and know-how on which a product, process or service is based. This report focuses on Australia’s efforts to help LDCs create the conditions essential to encourage technology transfer. Technical cooperation in favour of least developed and developing countries to facilitate the TRIPS Agreement’s implementation is another discrete obligation, on which Australia reports separately. Australia recognises that some technical cooperation activities may help to create an environment conducive to the creation or acquisition of technologies.
  4. In Australia, many incentives for technology transfer take the form of official development assistance. These incentives align with Australia’s strategic focus on using aid as a catalyst to promote economic growth and poverty reduction. Since 2012, Australia has provided aid for trade funding to the Australia-World Intellectual Property Organization (WIPO) Funds in Trust (FiT) to assist technology and knowledge transfer to LDCs and developing countries in the Indo-Pacific region. From 2019, a third iteration of FiT (FiT3) will continue to support a range of intellectual property (IP) capacity building activities, which will enable the development of national IP systems in beneficiary countries, and help them to accede to WIPO-administered treaties. It will develop legal frameworks and infrastructure for effective knowledge transfer, including programs specifically focused on addressing IP related issues faced by women. The important FiT3 work on neglected tropical diseases and increased access to educational materials for the visually impaired will also continue.
  5. During this reporting period, the majority of activities under the new work plan for the FiT3 have been scoped or commenced. There have been delays and postponement of activities due to global COVID-19 health concerns and subsequent travel restrictions. Development of a judicial toolkit on IP adjudication (‘IP benchbook’) for judges and judicial officers directed to the Association of Southeast Asian Nations (ASEAN) has begun. The IP benchbook is intended to be an important judicial resource, serving as a core element of future judicial capacity building programmes for judges and judicial officers. Further activities, including a study visit programme for Pacific policy makers and the placement of Indo-Pacific and East African scientists on training and research fellowships in Australia have been planned, and will take place when the health situation allows.
  6. Enterprises and institutions eligible for funding to deliver projects and activities to facilitate technology transfer include government agencies and public institutions, non-government organisations, independent consultants and experts, and universities and research organisations. Australian aid has been untied since 2006, allowing non-Australian organisations to bid for contracts to supply goods and services under bilateral and multilateral development assistance programmes. Untied aid helps ensure activities represent value for money, are cost-effective and attract the best‑available global expertise, thereby achieving the best development results. Consistent with this, Australia’s aid-funded incentives for technology transfer are not restricted to Australian institutions and enterprises.
  7. Australia recognises that LDC Members are interested in the outcomes of technology transfer activities. This report’s annex includes specific examples of relevant programmes and projects in the format suggested by LDCs (document IP/C/W/561), including work done to deliver safe, effective and accessible COVID-19 immunisation programs. Australia lists all LDC recipients.  
Mason.Interlandi@dfat.gov.au

List of programmes/projects

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# Name of programme or project Beneficiary Members(s) Category of technology  
1 Australia Awards
Other
2 Cambodia Agricultural Value Chain Program (CAVAC)
Other
3 Research on Climate Change Using Nuclear and Isotopic Techniques, under the auspices of the Forum for Nuclear Cooperation in Asia (FNCA)
Other
4 Scaling Frontier Innovation Program (SFI)
Other
5 ASEAN Regional Diagnostic Network Project
6 Demonstrating the impact on trade and regional plant protection of streamlined information systems for pest surveillance and reporting
Other
7 Asia-Pacific Metrology Programme (APMP) and Asia Pacific Legal Metrology Forum (APLMF)
Other
8 Regional Cooperative Agreement (RCA) – Enhancing Medical Physics Services in Developing Standards, Education and Training through Regional Cooperation
Other
9 Regional Cooperative Agreement (RCA) - Assessing and Improving Soil and Water Quality to Minimise Land Degradation and Enhance Crop Productivity Using Nuclear Techniques
Other
10 Regional Cooperative Agreement (RCA) - Assessing the Vulnerability of Coastal Landscapes and Ecosystems to Sea-Level Rise and Climate Change
Other
11 Regional Cooperative Agreement (RCA) - Application of Isotopic Techniques for Wetland Management and Strategic Conservation Planning
Other
12 World Intellectual Property Organization (WIPO) Accessible Book Consortium (ABC)
Other
13 Australian Water Partnership
14 Customs Automation: Pacific ASYCUDA World Project
Other
15 PACER Plus Trade Transparency Project
Other
16 Indo-Pacific Regulatory Strengthening Program
Health-related technology
17 ASEAN-Australia Health Security Fellowships
Other
18 Pacific Infectious Disease Prevention (PIDP)
19 ASEAN-Pacific Infectious Disease Detection and Response (APIDDaR)
20 Research for One Health System Strengthening - Collaboration on One Health Economic Research for Systems (COHERES)
21 Stronger Systems for Health Security - Surveillance Training, Research Opportunities and National Guidelines for communicable disease control in Timor-Leste (STRONG TL)
22 The Pacific Biosecurity Partnership Program (PBPP) (new phase 2020-2024)
Other
23 The Pacific Horticultural and Agricultural Market Access Program (PHAMA) Plus (new phase 2018-2022)
Other
24 Pacific Quality Infrastructure (QI) Initiative Project
25 Australian Expert Technical Assistance Program for Regional COVID-19 Vaccine Access (AETAP)