Informe de los países desarrollados Miembros sobre la aplicación del párrafo 2 del artículo 66 del Acuerdo sobre los ADPIC (transferencia de tecnología a los PMA) - Ver detalles del documento

New Zealand

report on the implementation of article 66.2
of the TRIPS agreement

New Zealand

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

 

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1  Introduction

This submission provides an update on New Zealand's activities for the period July 2019 – June 2020, consistent with commitments made under Article 66.2 of the TRIPS Agreement. These commitments contribute to the promotion and encouragement of technology transfer to least developed countries (LDCs), with a view to enabling a sound and viable technological base.

Technology transfer is interpreted in this report broadly to include training, education and "know‑how", along with any capital component, and include four key modes of technology transfer:  

physical objects or equipment;

skills and human aspects of technology management and learning;

designs and blueprints which constitute the document-embodied knowledge on information and technology; and

production arrangement linkages within which technology is operated.

New Zealand encourages and appreciates the interest that LDC Members have in learning more about the value and outcomes of our technology transfer programmes. We have also included a table of specific examples of technology transfer to LDCs, in response to a request from LDCs for a more standardised format of reporting.

2  OVERVIEW OF INCENTIVES, TYPES OF TECHNOLOGY AND THE MODES OF TECHNOLOGY TRANSFER

New Zealand encourages technology transfer to LCDs through various methods, including through the promotion of an economic environment that enables New Zealand enterprises and institutions to transfer technology abroad; encouraging global trade in goods, services and labour mobility, facilitating a strong intellectual property environment and through various bilateral and regional development programmes. We also encourage LDCs to adopt the most relevant and cost‑effective technology available on the global market.

Due to New Zealand's history, culture and location, the primary geographical focus of the New Zealand Aid Programme is the Pacific and key partners in Asia. The LDCs with which New Zealand has bilateral or targeted regional programmes are: Solomon Islands, Vanuatu, Cambodia, Lao PDR, Myanmar, Rwanda, Timor Leste, Ethiopia and Afghanistan (all of whom are LDC WTO Members or Observers), and Kiribati and Tuvalu, (non-WTO Member activities are not the focus of this report).  

New Zealand's engagement with LDCs on technology transfer occurs predominantly through the New Zealand Aid Programme, managed by the Ministry of Foreign Affairs and Trade (MFAT). We see technology transfer as fundamental to achieving sustainable development and poverty reduction in developing countries, through the investment of money, knowledge and skills. With a strong focus on the Pacific, New Zealand's Official Development Assistance (ODA) was boosted in 2018, with an additional funding commitment of NZD 714 million, increasing the overall ODA funds to NZD 2,218.73 billion for the period 2018 – 2021.

This increase in funding coincided with a renewed strategic direction for New Zealand's international cooperation for effective sustainable development. Its updated purpose is to contribute to a more peaceful world, in which all people live in dignity and safety, all countries can prosper, and our shared environment is protected. New Zealand supports the 2030 Agenda for Sustainable Development, and is committed to the values we want to see prevail in the world, including human rights, good governance and democracy; gender equality and women's empowerment; sound stewardship of the environment and climate; prevention and peaceful resolution of conflict; and the importance of international cooperation.

Our ODA priorities are dependent on individual country needs to support sustainable development, and can be broadly framed through the Sustainable Development Goal (SDGs) pillars of:

People — health, education, scholarships, human rights, and inclusive development targeting women and youth, and humanitarian action;

Planet — climate change, renewable energy, resilience, environment, and oceans;

Prosperity — economic governance, information and communication technology, agriculture, trade, labour mobility and employment; and

Peace — effective governance, peacebuilding, security, and preventing violence.

Guided by these policy settings, the Ministry will continue to deliver 60% of our overall ODA in the Pacific. Beyond the Pacific, the New Zealand Aid Programme prioritises Timor-Leste and South East Asia, and takes a targeted approach to the rest of Asia, Africa and Latin America. In these regions, we focus our aid on addressing climate change, peacebuilding, effective governance, and achieving a resilient global economy.

In 2018, New Zealand also launched the "Pacific Reset" - a refreshed New Zealand approach to the Pacific Islands region. New Zealand's engagement in the Pacific is driven by our strong Pacific identity and interconnectedness with the region, coupled with the direct impact the Pacific's stability and prosperity has on New Zealand's national interests. The "Pacific Reset" recognizes that the Pacific faces a broad array of challenges and is becoming an increasingly contested strategic space, under which New Zealand has to work harder to maintain our positive influence. New Zealand is therefore seeking to deepen its engagement with the Pacific and ensure our relationships with Pacific Island countries are built on understanding, friendship, mutual benefit and a collective ambition to achieve sustainable results.

3  ODA ACTIVITIES PROVIDING TECHNOLOGY TRANSFER TO LDCs[1]3.1  EXAMPLES OF BILATERAL PROGRAMMES WITH LDCs

As the New Zealand Aid Programme evolves over time, different elements of technology transfer will feature. The following are some current examples from bilateral programmes with a number of LDC WTO Member Countries.  

Vanuatu

New Zealand, the Government of Vanuatu and the World Bank have partnered on the Vanuatu Rural Electrification Project to deliver affordable renewable energy to people in rural areas. Under phase one and phase two of the project, New Zealand has provided NZD 11 million over eight years (2014-2022) through the Pacific Regional Infrastructure Facility to subsidise low-maintenance solar photovoltaic "plug and play" systems for approximately 26,450 households (132,250 people), in addition to 230 health posts, 2,000 community halls. Phase Two is also piloting the delivery of larger capacity solar powered mini-grid systems for five rural communities across Vanuatu. To date VREP Phase 1 and 2 has provided sustainable renewable electricity to 17,500 households reaching approximately 87,500 people.

3.1.1  Myanmar

 Plant and Food Research, a New Zealand Crown Research Institute, is partnering with Proximity Design, a Myanmar Social Enterprise, in a five year (2018-2021) NZD 7.9 million project to improve the productivity, incomes and resilience of smallholder vegetable farmers and reduce post-harvest losses, in the Shan Highlands, Ayeyarwaddy Delta and Dry Zone regions. 

The NZD 4.3 million Myanmar–New Zealand Renewable Energy Programme supports increased and equitable access to affordable and reliable energy. Support included delivery of technical training to government officials and support to solar power development procurement.

The New Zealand Companies Office supported the initiative for ASEAN integration project on simplifying business registration in Myanmar, simplifying business registration procedures, and modernising business registration systems by implementing an electronic online registry based on good regulatory practices. With New Zealand’s support, in August 2019, Myanmar enacted legislation governing online business registration, which raised its ease of doing business ranking by six places.

3.1.2  Lao People's Democratic Republic

The NZD 11.8 million Lao PDR Renewable Energy Facility undertook comprehensive technical reviews of 56 small and large hydro dams, along with targeted training programmes. The New Zealand Technical Adviser supported the Government of Lao PDR to update their national renewable energy strategy, national energy efficiency roadmap, and deliver technical renewable energy English language training to 56 key government officials.

The NZD 11 million UXO Lao Activity cleared 612 hectares of contaminated land in Xieng Khouang Province this year. The New Zealand Technical Advisor delivered 177 training sessions to 140 UXO Lao staff in demolition procedures, quality assurance and control, environmental management, health and safety and emergency response.

3.1.3  Cambodia

The NZD 5 million Cambodia Quality Horticulture Activity trained 165 farmers and trainers in sustainable Good Agricultural Practice (GAP) production methods, and 85 postharvest actors in postharvest handling approaches. New Zealand technical assistance supported the Ministry of Agriculture to become a fully functional Cambodia Good Agricultural Practices (CAMGAP) certification body, along with the development of a certification manual and checklist for farmer use.

3.2  EXAMPLES FROM REGIONAL PROGRAMMES

New Zealand provides LDCs with technology transfer and assistance to encourage investment through various regional assistance programmes. In some cases it is difficult to separate expenditure specifically provided to LDC Members, although it is clear that LDC Members within these regions benefit from these programmes.

Pacific Economic and Trade-related Activities

Sound economic management and appropriate policies are critical to encourage technology transfer, trade and investment. The New Zealand Aid Programme provides funding to various regional organisations that provide economic advice, capacity building, or support the development of trade or investment:

The Pacific Islands Financial Technical Assistance Centre (PFTAC) supports Pacific Island Countries to improve economic management through the provision of technical advice and practical support in public financial management, tax administration, macroeconomic management and National Accounts, and in coordinating donor efforts in these areas. New Zealand has committed NZD 12 million for the current five-year cycle of PFTAC through to April 2022; and

The Pacific Trade & Invest (PTI) office in Auckland aims to enhance trade, investment and tourism opportunities for Pacific Island businesses. New Zealand contributes NZD 1.1 million per year to the operation of PTI.

3.2.1  ICT sector

New Zealand also funds a broad range of initiatives in the ICT sector across the Pacific region, aimed at improving connectivity for communities that are underserved, and enhancing digital services for citizens and businesses. Examples of these initiatives include:

Investment of approximately NZD 42 million into submarine cables in Polynesia, connecting a number of countries to cables for the first time to improve connectivity and reduce cost to the consumer;

Funding of NZD 6 million to the University of the South Pacific to upgrade its academic campus network over 14 countries in the region, to improve education and training outcomes through the provision of enhanced digital education platforms;

Commitment in 2019 of NZD 10 million over five-year to provide cybersecurity capacity building support to Pacific countries, to help partners improve security of their digital technology platforms and information online; and

A partnership with the World Bank, beginning in 2019, to conduct an assessment of e‑government digital services and the digital economy across the region with a view to providing recommendations on how to improve e-government services and the digital economy to citizens and businesses in the Pacific.

Implementation of a sustainable border management solution, Asycuda, for smaller Pacific PACER Plus signatories, by installing modern customs administration and trade facilitation software in the Cook Islands, Kiribati, Nauru, Niue, Tonga and Tuvalu. The system will assist these Pacific countries to reduce border transaction costs, improve revenue collection, and provide more efficient and transparent services for traders. Development of regional and national tools to support teaching of the science curriculum at year ten through an interactive e-learning programme with the goals of improving science outcomes in secondary schools in four countries (Samoa, Cook Islands, Vanuatu and Solomon Islands) and building e-learning capacity.

3.2.2  Business Development

New Zealand also invests in sources of sustainable and inclusive private sector-led economic growth where they exist, which has a strong focus in the Pacific on agriculture and tourism and supporting Pacific countries build the infrastructure that underpins trade and economic growth opportunities. Since 2013, New Zealand has funded the International Finance Corporation almost NZD 37 million to catalyse private sector participation and investment across the region.

Support for small to medium enterprise (SME) development is a key focus for New Zealand, with the five-year, NZD 12.5 million Business Link Pacific (BLP) supporting SMEs to access quality, local business advisory services to grow and improve their operations. By June 2020, BLP had built a regional network of almost 100 quality-approved business advisors and enabled over 500 SMEs to access business advisory services valued at NZ 3.39 million.

3.2.3  Broadcasting

New Zealand has also funded the Pacific Cooperation Broadcast Limited's Pasifika TV programme since 2015. The initiative has delivered a range of benefits. An enhanced programme was launched this year, which includes a dedicated Pasifika channel hosted by TVNZ. The programme involves Pacific journalists and benefits from the delivery of field equipment and associated technical training to improve the quality and quantity of Pacific-led content. Benefits include:

A significant increase in the amount of Pacific-created content to be hosted on the channel, through bespoke training and a contestable fund for Pacific creators (from 2020);

An increase in intra-regional sharing of Pacific stories facilitated by a biennial Pacific broadcaster’s conference (from 2020). Also aided by access to Pasifika TV as a collaborative channel platform;

Further advancement of Pacific broadcasting capability through an expanded training and media exchange programme (from 2020); and

Improvement to broadcasting infrastructure with a regional upgrade allowing broadcasters to receive multi-format feeds (i.e. Standard Definition, High Definition & livestream/online).

Pacific governments and agencies will be able to contribute to the Pasifika TV service by providing public service and emergency response messaging to be displayed on the channel. A number of the Pacific broadcasters receiving content via Pasifika TV, and contributing their own content, are national public broadcasters. Through the platform, Pacific governments and broadcasters will have the opportunity to support domestic creative industry sectors and encourage job creation in new sections of the economy. The current 24 partner broadcasters are in several Pacific Island countries including the Solomon Islands, and Vanuatu.

3.2.4  Pacific Regional Agency Activities

New Zealand provides core financial support to the Secretariat of the Pacific Regional Environment Programme (SPREP) (NZD 10.35 million over five years 2020-2024). SPREP provides technical advice, programme support and capacity building assistance to Pacific island countries and territories in the areas of biodiversity and ecosystem management, climate change, ocean acidification, waste management and pollution control, and environmental monitoring and governance, and accordingly promotes the transfer of knowledge into the region.

New Zealand provides core support of NZD 9 million per year to The Pacific Community (SPC) which is the Pacific’s leading science and technical agency, with a regional mandate across multiple sectors including agriculture, public health, education quality, coastal fisheries, energy, disaster management, human rights, gender and youth, and statistics. It promotes technology transfer into the region in these areas.

New Zealand provides core support of NZD 4.6 million per year to the Forum Fisheries Agency (FFA) which assists Pacific countries to cooperate to manage their tuna fisheries, and to maximise the economic and social benefits of this resource. This includes building national capacity and technology transfer in the areas of fisheries management, compliance and legal frameworks.

MFAT fully funds Pacific Cooperation Broadcasting Ltd (PCBL), the parent company for Pasifika TV, for NZD 3 million per year. As well as providing 24/7 free content to contracted broadcasters (currently 21 broadcasters in 15 countries), PCBL also provides training in journalism, editing, and business management. The funding arrangement includes the provision of high definition digital decoders, mojo units (filming) and laptops. These collectively provide the capability for real-time filming, editing and broadcasting on the stream through the central hub in Auckland, operated in conjunction with Māori TV, increasing the Pacific-generated content on the channel.

3.2.5  Climate Change Programme

In 2019/20, New Zealand continued implementing a dedicated climate change programme enabling Pacific countries to lead their climate change response. The programme provides NZD 150 million over four years in bilateral and regional funding, including support for the Pacific Climate Change Centre, working with Australian counterparts on the Climate and Ocean Support Programme, and strengthening water security in low-lying countries.

New Zealand funds a broad range of initiatives which aim to support low-emissions climate‑resilient development, improve access to science and information to support Pacific Island countries' decision-making, improve water security and strengthen ecosystems, increase access to renewable energy, and support both economic and climate resilience. Examples of these initiatives include:

Following piloting of the Pacific Risk Tool for Resilience in Samoa and Vanuatu, we will be working with partners in New Zealand and the Pacific to further develop the tool, which will enable PICS to model the effects of natural hazards, such as tropical cyclones and droughts, to forecast damage to people and infrastructure. This information will be used to inform short-term (e.g. disaster response) and long term (e.g. land-use) planning to reduce potential losses;

In Vanuatu, water and sanitation activities have seen 196 Drinking Water Safety and Security Plans completed, 19 communities implementing low-cost improvements to their existing water supply systems and ten infrastructure investment projects completed. By mid-2020, 336 communities - around 17% of rural Vanuatu communities – will have completed DWSSPs; and

A suite of renewable energy initiatives across a range of Pacific countries such as Papua New Guinea, Solomon Islands, Tonga, Samoa, Niue, Tokelau and the North Pacific has seen these countries make significant progress towards achieving their ambitious renewable energy targets. New Zealand also progressed a number of renewable energy initiatives in South East Asia, East Africa and the Caribbean.

New Zealand has committed to delivering at least NZD 300 million in climate-related support from 2019 to 2022, at least two thirds of which will benefit the Pacific and at least half of which will focus on adaptation. Our recent country programmes in the Pacific find that the Aid Programme's investments in renewable-energy generation and electricity distribution across the Pacific are relevant to the priorities of partner countries. The investments help New Zealand's partner countries make progress towards their renewable-energy targets; reduce their reliance on importing fuel to generate electricity, which is expensive; enhance the climate resilience of electricity systems; generate more reliable electricity in remote locations; and reduce greenhouse gas emissions (this enhances the Pacific's credibility when it advocates for action on climate change).

3.2.6  Recognised Seasonal Employer (RSE) Scheme

The Recognised Seasonal Employer (RSE) scheme enables New Zealand employers in the horticulture and viticulture industries to recruit migrant seasonal workers, primarily from the Pacific. The purpose of the scheme is to provide New Zealand employers with a reliable source of seasonal labour and to provide Pacific workers with income and employment opportunities. While RSE workers are in New Zealand they also have the opportunity to up-skill and undertake a variety of training courses.

Since 2007, 220,000 seasonal work visas have been issued under the scheme. Of that, 51,100 RSE visas have been issued to workers from LDCs in the Pacific (Kiribati, Solomon Islands, Tuvalu and Vanuatu). Workers involved in the scheme have improved their literacy, numeracy and communication skills, which also led to improved confidence.

The New Zealand Aid Programme provides significant financial support to facilitate the scheme, including:

A training programme for RSE workers in English language, financial literacy and life skills for new entrants to the scheme as well as more advanced training, for example, in basic trades, small business and leadership for more experienced workers. The programme has provided training to over 8,000 workers over seven years (2012 – 2019); and

Technical assistance delivered by the New Zealand Ministry of Business, Innovation and Employment to build the capacity of Pacific governments to recruit and manage the supply of labour for New Zealand's horticulture and viticulture industries under the RSE scheme.

3.2.7  Africa

The New Zealand – Africa Geothermal Facility (NZ-AGF) is a NZD 10.2 million partnership with the African Union Commission. Over five years (2018-22), it provides geothermal technical assistance to support the development of the geothermal sector in 11 eligible East African countries including Rwanda and Ethiopia. Initiatives delivered to date have focused on regional training, where Ethiopia has been represented. The AGF is planning to deliver a multi-country drilling support programme (for Ethiopia, Tanzania and Djibouti), as well as additional targeted TA to work with the Kenyan Geothermal Development Company, and to support to the Ethiopian government restructure its geothermal industry. New Zealand is also working in Rwanda and Ethiopia with the Clinton Health Access Initiative to reduce malnutrition and help farmers to improve production methods and post‑harvest systems, and increase farmer incomes, contributing to increased economic and food security benefits from agriculture.

3.3  EXAMPLES FROM GLOBAL PROGRAMMES3.3.1  New Zealand Scholarships

The New Zealand Aid Programme provides scholarships to citizens of targeted developing and least developed countries to undertake vocational and professional training or tertiary level study in New Zealand, the Pacific region or in South East Asia. During 2019/20, 1,107 new scholarships were delivered, with funding totalling approximately NZD 93.64 million. The Aid Programme supported 1,066 tertiary students on scholarship in tertiary institutions in New Zealand and also the Pacific.

New Zealand Scholarships enhance the skills, knowledge and other attributes of scholars so that they can assist in the social and economic development of their home countries. Scholarships are offered only in subjects and skills relevant to the human resource development needs and priorities of partner countries.

3.4  OTHER NEW ZEALAND PROGRAMMES WITH A TECHNOLOGY TRANSFER COMPONENT 3.4.1  The Intellectual Property Office of New Zealand

The Intellectual Property Office of New Zealand (IPONZ) provides on-going technical assistance on request to developing and least developed countries. New Zealand will continue to support future work, on request, to improve the intellectual property systems of developing countries.

The Intellectual Property Office of New Zealand (IPONZ) provides on-going technical assistance on request to developing and least developed countries. New Zealand will continue to support future work, on request, to improve the intellectual property systems of developing countries.

IPONZ is recognised for its efficient and effective online services, high quality examination and registration processes. As a result, IPONZ hosts delegations and study visits from developing and least developed countries to provide practical training and knowledge sharing.

IPONZ hosted delegates from Indonesia in December 2019, and Fiji in March 2020 to assist in their preparation to join the Madrid Protocol for the International Registration of trademarks.

This year, IPONZ was unable to take part in our two reciprocal trademark examiner exchanges; one with Intellectual Property Office of Australia (IP Australia), the other with Intellectual Property Office of Singapore (IPOS) due to the COVID-19 pandemic.

3.4.2  The Plant Variety Rights Office (PVRO)

New Zealand has been a member of the International Union for the Protection of New Varieties of Plants (UPOV) since 1981. A key element of UPOV is cooperation between member states and the harmonisation of testing and examination activity. On an as requested basis, New Zealand supplies variety test reports to several members and utilises testing results from other states for the Rights decision here. Such activity encourages on going sharing and exchange of technical experience and expertise between UPOV member states.

New Zealand continues to actively participate in the Council, Consultative Committee, Administrative and Legal Committee, Technical Committee and the Technical Working Parties for Agriculture, Ornamentals and for Fruit. New Zealand will take over the chairmanship of the Technical Working Party for Fruit Crops for 2021-2023. The International Union for the Protection of New Varieties of Plants (UPOV) conducted all meetings in 2020 by virtual means.

Table of specific activities by New Zealand for the period 1 July 2019 to 30 June 2020

Category

Date

Location

Activity

Practical training and information exchange

December 2019

Wellington, New Zealand

IPONZ hosted eleven delegates from Indonesia’s Directorate General of Intellectual Property to share how our teams manage trademark and Madrid Protocol applications.

 

Information exchange

December 2019

Wellington, New Zealand

IPONZ hosted an overseas delegation from the Japanese Patent Office to exchange information on operational and policy matters.

Information exchange

March 2020

Wellington, New Zealand

IPONZ hosted two delegates from the Fijian Intellectual Property Office to share how IPONZ undertook our preparation to the Madrid Protocol, and how we digitised our records and designed our system to go 100% online

Information exchange

June 2020

Wellington, New Zealand (on-line)

IPONZ staff provided Fiji assistance in digitisation training and information sharing.

 

AANZFTA Economic Cooperation Support Programme

AANZFTA mandates a programme of technical assistance activities known as the AANZFTA Economic Cooperation Support Programme (AECSP). The AECSP is jointly funded by Australia and New Zealand. Between 2010 and December 2019, it had an overall budget of AUD 34 million. As of December 2018, 83 projects had been initiated across the eight different components of the economic cooperation work programme, with 66 being completed as of December 2019.

Projects funded by the AECSP are available to all ten ASEAN member states, including three LDCs: Cambodia, Lao PDR and Myanmar. The aim of the AECSP is to facilitate AANZFTA implementation; progress built-in agenda negotiations; achieve deeper economic integration among the parties; and increase business utilisation of AANZFTA.

In 2019 New Zealand recommitted to funding this programme until 31 December 2021. During the period July 2016 – July 2020, numerous AECSP projects promoted technology transfer, particularly the transfer of skills and human aspects of technology management and learning. Some examples of projects involving Cambodia, Lao PDR and Myanmar include:

The extension of support to a number of projects focused on intellectual property in 2019, including for "IP Public Education and Awareness" and "Regional Patent Examination Training (RPET) Mentoring";

OECD Investment Policy Reviews for Cambodia, Lao PDR and Myanmar (ongoing);

Technical workshops across a range of areas of the agreement, including sanitary and phytosanitary measures, rules of origin and food standards, capacity building for patent examiners, competition law and consumer protection, national qualification frameworks and investment policy;

Enhancing ASEAN Logistics and Transport Services;

Phase 3 of the "Accession to the Madrid Protocol Project" – AECSP supported the succession of Lao PDR to the Protocol in 2016 and provided technical assistance to Myanmar to aid future accession; and

Further secondments of officials from Myanmar to the New Zealand Commerce Commission under the Competition Law Implementation Programme.

 

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[1] The information provided is based on the reporting criteria agreed by the TRIPS Council in February 2003. Any relevant activities of multilateral agencies that New Zealand provides core funding to are not reflected in this report. All figures quoted are in New Zealand dollars.

[2] In English and French only.

Krissy.Grace@mfat.govt.nz

Lista de programas/proyectos

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# Nombre del programa o proyecto Miembro(s) beneficiario(s) Categoría de la tecnología  
1 Vanuatu Rural Electrification Project (VREP Phase I)
Vanuatu
Environmentally friendly or sustainable technology; Information and communications technology; Climate change mitigation technology
2 Pacific Financial Technical Assistance Centre (PFTAC)
Information and communications technology
3 PC Trade Programme
Food and agriculture; Information and communications technology
4 Strengthening Pacific Labour Mobility Partnerships: Toso Vaka o Manū
Environmentally friendly or sustainable technology; Food and agriculture; Information and communications technology
5 Recognized Seasonal Employer Worker Training Programme
Environmentally friendly or sustainable technology; Food and agriculture; Information and communications technology; Climate change mitigation technology
6 Climate Change Programme
Environmentally friendly or sustainable technology; Information and communications technology; Climate change mitigation technology