Compte rendu ‒ Conseil des ADPIC ‒ Afficher les détails de l'intervention/la déclaration

Ms Irene Young (Hong Kong, China)
9 FOLLOW-UP TO THE FIFTEENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE DECISION ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT
195. We would like to thank the European Union for that question. We would also like to thank them for all their efforts and the public funds from European tax payers that enable this technology transfer to happen as we said just a moment ago. You do it so well, but it must be done better. Doing it better simply means not compelling enterprises or forcing them to do the transfer but when you provide the public funds, please ensure that the enterprises chosen from the private sector are in a position to do that transfer and that they are accountable to you for that transfer because that is where the real problem lies. 196. My colleague from Bangladesh said that we can list all these projects, the object of which is to transfer technology but ultimately we don't see what technology has actually been transferred. So incentives can go beyond that money that you are providing and that is what we are trying to get at. Even prior to having an enterprise chosen to go and carry out a project in an LDC of developing country, it needs to be established perhaps via some sort of conditional clause that says "you will be chosen provided you agree to technology transfer in terms of what you have done and whatever country". For instance, say you build a highway, in a country where the technology for that is not in place, you carry out the project, we finance it, but the private sector enterprises need to hear from you whether you need to ask them whether they are prepared to hand over that technology to the experts in the country, Benin, Burkina Faso, Burundi, any LDC and ensure and ask them whether they agree to transfer their technology to the experts and technicians in whatever country. If they say no, then there might be a challenger out there, a competitor that might agree. 197. There needs to be a condition in that context that would prompt these firms to want to do the technology transfer and that takes place throughout the project. Because otherwise you can free up billions for projects aimed at technology transfer ultimately, but in actual fact, that will never happen. And in fact, the heart of the issue is not necessarily the money. You are already doing a good job, but let us do a better job together. In fact, we can discuss this together and see to what extent we could do this and that is why it is so necessary for us to carry on with these deliberations here for recommendations to be presented at the Council and to be adopted by developed and developing countries in a position to do so to set up the framework for technology transfer that way.
The Council took note of the statements made.
27. The Chairperson recalled that the Council had held its annual review of developed country Members' reports on the implementation of Article 66.2 in October 2017. At that meeting, she had indicated that delegations would be provided an opportunity at the present meeting to make further comments on the information submitted for that meeting that they had not yet been able to study.

28. Since then, Cambodia, on behalf of the LDC Group, had submitted a "Proposal on the Implementation of Article 66 of the TRIPS Agreement" (IP/C/W/640).

29. The representatives of Haiti, on behalf of the LDC Group; Bangladesh; the United States; Japan; Switzerland; the European Union; Australia; Benin; Brazil; and India took the floor.

30. The Council took note of the statements made.

IP/C/M/88, IP/C/M/88/Add.1