Actas - Consejo de los ADPIC - Ver detalles de la intervención/declaración

Ambassador Vanu Gopala Menon (Singapore)
Unión Europea
J REVIEW UNDER PARAGRAPH 2 OF THE DECISION ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT
163. Introducing the EC report in document IP/C/W/412/Add.5, the representative of the European Communities said that the document was an update of the detailed report which had been circulated in Autumn 2002. The new document was, however, more comprehensive and aimed at responding specifically to the information requested in the Council's Decision of 19 February 2003. Compared to last year's document, the European Communities had added new headings, for example, the type of technology transfer, and statistics, where they were available. 164. As had been confirmed at the previous day's WIPO-WTO Joint Workshop on Intellectual Property Rights and Transfer of Technology, transfer of technology was quite a general term and one which covered a variety of needs and operations. A technological base comprised different elements, including scientific knowledge, physical objects, actual production and know-how. Furthermore, there were different channels for transferring technology. The public sector had gained a certain amount of knowledge but the private sector remained the main player in terms of transfer of technology. In that context, the implementation of Article 66.2 and the help LDCs would receive towards a sound and viable technological base, would in the long term oblige them to take action in different areas. For example, advice and expertise were key elements which some LDC enterprises lacked, as well as the ability to identify suppliers of technology before entering into contractual relationships and, once the technology had been acquired, the ability to adapt it to local contexts. 165. These were just examples and the European Communities had not felt it necessary to notify all of the capacity building programmes at the national and regional levels, but had merely identified certain general types of incentives that they thought were relevant, i.e., six large groups which they considered were important and complementary in respect of development. Firstly, these included incentives to promote projects among private enterprises (e.g. direct-investment, licensing, franchising, sub-contracting, etc.), which were the main channels for transferring technology. Secondly, improving access to available information and technologies, given that often the access was possible but not easily attainable. Thirdly, supporting common research projects was an important part of the process. Fourthly, providing training for people in terms of technology management to ensure that these technologies were incorporated as effectively as possible in their productive capacity. Fifthly, encouraging trade in technological goods and, lastly, in a more indirect way, certain capacity-building initiatives might also be relevant. The detailed forms included in the European Communities' notification satisfied these objectives often with several of these objectives combined, because the transfer of technology was rarely an isolated activity. These were also combinations of initiatives which meant that the conditions required were as follows: there had to be a demandeur of technology, a provider of technology, as well as technology that was really adapted to the local economy.
IP/C/M/42