27451 { "metadata": { "url": "https://www.commerce.gov.in/?p=2516", "title": "General Council - Preparations for the 1999 Ministerial Conference - Transfer of Technology - Communication from India - Mcommerce", "meta_description": "", "meta_keywords": "commerce,antidumping,TRADE,Press release, MOC" }, "content": "General Council - Preparations for the 1999 Ministerial Conference - Transfer of Technology - Communication from India - Mcommerce\nWelcome to Department of Commerce\nScreen reader access\nSkip to Main content\n+A\nA\n-A\nEnglish\nHindi\nEN\nHi\nGovernment of India\nMinistry of Commerce and Industry\nDEPARTMENT OF COMMERCE\nFactsheet on conclusion of India-EU Free Trade Agreement\nFact Sheet-India and New Zealand Conclude Free Trade Agreement\nIndia - UK Comprehensive Economic and Trade Agreement (CETA)\nAbout Us\nDepartment Of Commerce\nDepartment setup and function\nSubject Under Administrative Control\nAdvisory Board\nBilateral Chamber of Commerce\nOfficers handling Public / Staff grievances\nCitizen Charter\nAppellate Committee\nDivisions\nInternational Trade Policy Division\nTrade Policy Division\nRules, FTA Coordination, Regional and Plurilateral Division\nG-20\nForeign Trade Territorial Division\nForeign Trade (Africa)\nForeign Trade (NAFTA)\nForeign Trade (Latin American and Caribbean)\nForeign Trade (Europe)\nForeign Trade (CIS)\nForeign Trade (WANA)\nForeign Trade ( ASEAN )\nForeign Trade (North East Asia)\nForeign Trade (Oceania)\nForeign Trade (South Asia)\nForeign Trade (Coordination)\nForeign Trade (Minerals and Ores)\nForeign Trade (State Trading)\nESCAP\nExport Promotion (Export Inspection)\nExport Products Division\nExport Products (Agriculture)\nGems and Jewellery\nEngineering\nElectronics and Computer Software\nChemicals and Allied Products\nOverseas Projects and Services\nExport Services Division\nEP-Textiles Coordination Division\nEP (Services)\nExport And Market Development Assistance (E&MDA)\nExport Industries Division\nPlantation (A)-Tea\nPlantation (B)-Coffee\nPlantation (C)-Rubber\nPlantation (D)-Spices\nTrade Finance Services\nInfrastructure Division\nSEZ Division\nSEZ (Admin)\nSpecial Economic Zones (SEZ)\nExport Oriented Units (EOU)\nExport Products (Pharmaceuticals)\nExport Promotion (Marine Products)\nVigilance\nGeneral Administration & Records Section\nEstablishment-II\nEP(LSG) Division\nEconomic Division\nExport Planning\nAdministration and General Service Division\nEstablishment-I\nWomen Cell\nEstablishment-III\nEstablishment-IV\nTrade Commissioner/Trade Assistance\nCash-I\nCash-II\nCashier Cell\nProtocol\nGeneral Administration and Welfare Cell\nHindi\nOrganisation and Methods/Internal Work Study Unit/Career Management and Training\nRecord Cell\nReceipt and Issue\nRTI Cell\nVigilance Division\nSupply Division\nLitigation & Arbitration Section\nCash and Accounts Section\nEstablishment – I, RE & SSEC Section\nEstablishment – II Section\nFinance Division\nFinance Branch\nVigilance and Confidential Section\nGeM, Coord. and RP&I Section\nTrade Promotion Division\nTrade Promotion-A\nTrade Promotion-B\nAttached Offices\nDirectorate General of Trade Remedies (DGTR)\nDirectorate General of Foreign Trade\nSubordinate Offices\nPay and Accounts Office (Supply)\nPay and Accounts Office (Commerce & Textiles)\nSpecial Economic Zones\nDirectorate General of Commercial Intelligence and Statistics\nAutonomous Bodies\nThe Marine Products Export Development Authority (MPEDA)\nAgricultural and Processed Food Products Export Development Authority (APEDA)\nCommodity boards\nCoffee Board\nRubber Board\nTea Board\nTobacco Board\nSpices Board\nExport Inspection Council\nIndian Institute of Foreign Trade (IIFT)\nIndian Institute of Packaging (IIP)\nPublic Sector Undertakings\nState Trading Corporation (STC)\nPEC Limited\nMMTC Limited\nExport Credit Guarantee Corporation of India Limited\nIndia Trade Promotion Organisation\nGeM\nExport Promotion Councils\nEEPC India\nElectronics and Computer Software Export Promotion Council\nExport Promotion Council for EOUs & SEZa\nTelecom Equipment and Services Export Promotion Council\nMobile and Electronic Devices Export Promotion Council\nFederation of Indian Export Organisation\nProject Exports Promotion Council of India (PEPC)\nBasic Chemicals,Cosmetics and Dyes Export Promotion Council (Chemexcil)\nChemicals and Allied Products Export Promotion Council (CAPEXIL)\nCouncil for Leather Exports\nSports Goods & Toys Export Promotion Council\nGem and Jewellery Export Promotion Council\nShellac Export Promotion Council\nCashew Export Promotion Council of India\nThe Plastics Export Promotion Council\nPharmaceutical Export Promotion Council\nIndian Oil Seeds And Produce Export Promotion Council (IOPEPC)\nServices Export Promotion Council\nOther Organisation\nIndian Diamond Institute\nIndia Brand Equity Foundation\nPrice Stabilization Fund Trust\nIndian Institute of Plantation Management, Bengaluru\nNational Export Insurance Account (NEIA Trust)\nWhats New\nInternational Trade\nIndia and World Trade Organization (WTO)\nTrade Agreements\nJoint Statements and Minutes of the Meetings\nFAQs on FTAs\nTBT and SPS Portals\nIndia Trade Portal of SAARC, ASEAN and top 25 Countries\nTrade Promotion Programmes and Schemes\n7th Trade Policy Review (TPR) of India\nFAQs on FTAs Engineering Sector\nEU GSP Scheme of Self Certification\nTrade Statistics\nNiryat Portal\nMedia\nDepartmental Updates\nPublications/ Reports\nPress Releases\nPhoto Gallery\nVideo Gallery\nMajor Achievements\nRTI\nGeneral Matters on RTI\nApplication Forms\nSuo Moto Disclosure under RTI Act\nFAQs\nWho’s Who\nContact\nAbout Us\nDepartment Of Commerce\nDivisions\nAttached Offices\nSubordinate Offices\nAutonomous Bodies\nPublic Sector Undertakings\nGeM\nExports Promotion Councils\nOther Organisations\nINTERNATIONAL TRADE\nIndia And World Trade Organization (WTO)\nTrade Agreements\nFAQs on FTAs\nJoint Statements And Minutes Of The Meetings\nTBT And SPS Portals\nIndia Trade Portal of SAARC, ASEAN and top 25 Countries\nTrade Promotion Programmes and Schemes\nSixth Trade Policy Review of India\nFAQs on FTAs Engineering Sector\nEU GSP Scheme of Self Certification\nTRADE STATISTICS\nLatest Trade Figures\nExport Import Data Bank (Annual)\nExport Import Data Bank (Monthly)\nForeign Trade Performance Analysis (FTPA)\nDashboard\nMEDIA\nDepartmental Updates\nPublications/ Reports\nPress Releases\nMajor Achievements\nPhoto Gallery\nVideo Gallery\nWHATS NEW\nTRADE PROMOTION\nACTS AND SCHEMES\nBUDGET\nParliamentary Business\nLINKS FOR PUBLIC INTERFACES\nTRAINING NOTICES\nTender Guidelines\nCONTACT\nMonitoring System\nVACANCIES\nRTI\nORGANIZATIONAL CHART\nUSEFUL LINKS\nSitemap\nDisclaimer\nHelp\nWebsite Policy\nFeedback\nArchive\nDepartment of Commerce Grievance Management System\nURL\nGovernment of India\nMinistry of Commerce and Industry\nDEPARTMENT OF COMMERCE\n19th CII India Africa Business Conclave\nWorld Bank’s B-Ready Project\n+A\nA\n-A\nEnglish\nHindi\nAbout Us\nDepartment Of Commerce\nDepartment setup and function\nSubject Under Administrative Control\nAdvisory Board\nBilateral Chamber of Commerce\nOfficers handling Public / Staff grievances\nCitizen Charter\nAppellate Committee\nDivisions\nInternational Trade Policy Division\nForeign Trade Territorial Division\nExport Products Division\nExport Industries Division\nExport Services Division\nSEZ Division\nEconomic Division\nAdministration and General Service Division\nVigilance Division\nFinance Division\nSupply Division\nLogistics Division\nAttached Offices\nSubordinate Offices\nAutonomous Bodies\nThe Marine Products Export Development Authority (MPEDA)\nAgricultural and Processed Food Products Export Development Authority (APEDA)\nCommodity boards\nCoffee Board\nRubber Board\nTea Board\nTobacco Board\nSpices Board\nExport Inspection Council\nIndian Institute of Foreign Trade (IIFT)\nIndian Institute of Packaging (IIP)\nPublic Sector Undertakings\nState Trading Corporation (STC)\nPEC Limited\nMMTC Limited\nExport Credit Guarantee Corporation of India Limited\nIndia Trade Promotion Organisation\nGeM\nExport Promotion Councils\nFederation of Indian Export Organisation\nEEPC India\nExport Promotion Council for EOUs.&.SEZa\nProject Exports Promotion Council of India (PEPC)\nBasic Chemicals,Cosmetics and Dyes Export Promotion Council (Chemexcil)\nChemicals and Allied Products Export Promotion Council (CAPEXIL)\nCouncil for Leather Exports\nSports Goods Export Promotion Council\nGem and Jewellery Export Promotion Council\nShellac Export Promotion Council\nCashew Export Promotion Council of India\nThe Plastics Export Promotion Council\nPharmaceutical Export Promotion Council\nIndian Oil Seeds And Produce Export Promotion Council (IOPEPC)\nServices Export Promotion Council\nOther Organisations\nIndian Diamond Institute\nIndia Brand Equity Foundation\nPrice Stabilization Fund Trust\nIndian Institute of Plantation Management, Bengaluru\nNational Export Insurance Account (NEIA Trust)\nWhat’s New\nInternational Trade\nIndia and World Trade Organization (WTO)\nTrade Agreements\nFAQs on FTAs\nJoint Statements and Minutes of the Meetings\nTBT and SPS Portals\nIndia Trade Portal of SAARC, ASEAN and top 25 Countries\nTrade Promotion Programmes and Schemes\n7th Trade Policy Review (TPR) of India\nFAQs on FTAs Engineering Sector\nEU GSP Scheme of Self Certification\nTrade Statistics\nNiryat Portal\nMedia\nDepartmental Updates\nPublications/ Reports\nPress Releases\nMajor Achievements\nPhoto Gallery\nVideo Gallery\nRTI\nGeneral Matters on RTI\nSuo Moto Disclosure under RTI Act\nApplication Forms\nFAQs\nWho’s Who\nContact\nShort Links\nTrade Promotion\nActs and Schemes\nBudget\nParliamentary Business\nLinks for Public Interfaces\nTraining Notices\nTender Notices\nVacancies\nMonitoring System\nOrganizational Chart\nUseful Links\nFeedback\nSitemap\nDisclaimer\nHelp\nWebsite Policy\nFeedback\nArchive\nDepartment of Commerce Grievance Management System\nIndian Submissions in WTO\nGeneral Council\nGeneral Council – Preparations for the 1999 Ministerial Conference – Transfer of Technology – Communication from India\nInternational Trade\nInternational Trade\nIndia and World Trade Organization (WTO)\nTrade Agreements\nFAQs on FTAs\nJoint Statements and Minutes of the Meetings\nTBT and SPS Portals\nIndia Trade Portal of SAARC, ASEAN and top 25 Countries\nTrade Promotion Programmes and Schemes\n7th Trade Policy Review (TPR) of India\nFAQs on FTAs Engineering Sector\nEU GSP Scheme of Self Certification\nGeneral Council – Preparations for the 1999 Ministerial Conference – Transfer of Technology – Communication from India\nWT/GC/W/352 11 October 1999\nGeneral Council\n(99-4262)\nOriginal:English\nPREPARATIONS FOR THE 1999 MINISTERIAL CONFERENCE\nTransfer of Technology\nCommunication from India\nThe following communication, dated 30 September 1999, has been received from the Permanent Mission of India.\nBackground\nThe importance of transfer of technology (TOT) for developing countries is obvious enough. Technology plays an important role in creation of competitive advantages and is an integral part of any developmental strategy.\nAll available literature proves beyond a doubt that the developed countries are the main repository of the latest technology. The asymmetrical distribution of R&D expenditures is illustrated by the fact that developing countries account for just 6 per cent of global R&D expenditure. Even in developed countries only seven OECD countries account for as much as 90 per cent of total R&D expenditure.\nContrary to popular belief, the phenomenon of globalization has not resulted in much dissemination and transfer of technology. While transnational corporations are decentralizing a lot of operations such as production and sourcing internationally, it is nevertheless true that R&D activities are not sufficiently internationalized. So despite globalization, R&D and associated technology remains highly centralized in industrialized countries and the companies are more likely to expand their research to other developed countries rather than developing countries.\nThere are also “strategic alliances” at work between transnational corporations, which conspire to prevent and impede TOT to developing countries.\nIn sum, technology is mainly concentrated in a handful of developed countries, there is substantial evidence that despite globalization not much TOT is taking place to developing countries and the situation is not likely to change any time soon.\nModes of TOT\nThere are basically two fundamental ways at present in which TOT takes place from developed countries to developing countries. One, is through Foreign Direct Investment (FDI). While FDI does have some potential to facilitate TOT, it is also true that it places severe limitations on the developing countries, depending on the negotiating strength of the latter. Also, equity participation of the technology holder alone does not always ensure TOT.\nThe second mode of TOT would appear to be licensing and contractual means. Licences may provide an easy and economical way of TOT; besides, it would also be the first option for SMEs who lack the financial resources to enter into FDI or equity ventures with large transnational corporations. Licensing used to be the favoured mode in the 60s and the 70s. But, henceforth, it is going to be increasingly difficult, if not impossible, to acquire TOT through licensing means. Apart from the fact that TNCs may not want to transfer state-of-the-art technologies through this mode, financial constraints are likely to make this mode well-nigh impossible.\nWTO Agreements which refer to TOT\nA number of WTO Agreements specifically mention the TOT. The following is an illustrative list:\nTRIPS: The TRIPS Agreement in Articles 7 and 8 specifically deal with TOT. Article 7 clearly says that the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare. Similarly, Article 8 says that Members may adopt measures to promote technological development provided those measures are consistent with the provisions of this Agreement. Also, this Article acknowledges that appropriate measures (provided they are consistent with the TRIPS Agreement) may be needed to prevent the resort to practices which adversely affect the international transfer of technology. Also, Article 66.2 of the TRIPS Agreement obliges developed-country Member countries to provide incentives under their legislation to enterprises and institutions in their territories for the purpose of promoting and encouraging the TOT to least-developed Countries in order to enable them to create a sound and viable technological base.\nGATS: paragraph 1(a) of Article IV, mentions access to technology on a commercial basis. Paragraph 2(c) of the same Article in obliges developed countries to establish contact points for the availability of services technology.\nTBT: The TBT Agreement in Article 11 talks of technical assistance, but the technology aspects in this field cannot be exaggerated.\nSPS: The SPS Agreement, once again, talks of technical assistance in Article 9, but the issue of transfer of technology is all too obvious.\nStrengthening and operationalizing WTO Agreements which refer to TOT\nIt is obvious that TOT is crucial for developing countries; it is equally clear that there are a certain number of WTO Agreements which mention TOT explicitly or allude to it. However, these are more in the nature of either pious wishes or best-endeavour clauses that have remained a dead letter.\nThe need of the hour is therefore to strengthen the language in existing agreements to make the provisions legally binding commitments.\nIt would also be important to recognize the importance of TOT and therefore the mandated negotiations in the WTO would need to factor this in. This is true of the Services and the TRIPS Agreement; in Services, there would be a new round of negotiations and the TRIPS Agreement would come up for review in 2000.\nThere are also possibilities of providing in the Subsidies Agreement incentives for TOT from developed countries to developing countries. For instance, it could be made clear that subsides incurred in developed countries for ensuring TOT to developing countries shall be deemed non-actionable. There is at present a contradiction inasmuch as there are some subsidies on R&D that are not actionable, but then there are domestic legal provisions in some major countries that impede the transfer of that very technology to developing countries. This anomaly would need to be removed.\nEstablishment of a Working Group on TOT\nIn view of the above, it is proposed that a Working Group be established on the subject of transfer of technology. The Group will have the following mandate:\nto first identify the problems and constraints faced by developing countries in gaining access to the latest technology available in the developed countries;\nto look at all existing WTO Agreements with a view to making the necessary changes for facilitating and ensuring the transfer of technology on fair and advantageous terms;\nto consider dual-use technologies in all its aspects including why it is not transferred to developing countries sometimes even on commercial terms;\nto factor in TOT as a critically important issue for developing countries in all future negotiations;\nto look at the possibility of establishing an institutional TOT machinery within the WTO Secretariat that would have not only the data base but also vital information on legal and administrative framework, financing mechanisms available and also the expertise to carry out assessment of technology needs;\nsuggest specific support measures to facilitate and ensure TOT from developed countries to developing countries. These may include: foster access to technologies; cooperate in the development of scientific and technological resources including the creation and growth of national innovation systems; grant credits for financing the acquisition of technology; provide assistance and cooperation in the development and administration of laws and regulations likely to facilitate TOT; strengthen the negotiating capacity for TOT transactions; and assist in protecting and commercializing local innovations; and\nstudy the design of incentives, including tax incentives that developed country Members could grant to enterprises and institutions in their own countries in order to disseminate and transfer Technology to developing countries.\nConclusion\nTechnologies hold great potential for human development. But strong policy action is needed internationally to ensure that the rules of international trade are framed to turn the technologies towards developing country needs.\nThe questions that need to be posed and for which answers have to be found are:\nDoes the control, direction and use of technology:\npromote innovation and sharing of knowledge;\nrestore social balance or concentrate power in the hands of a few;\nfavour profits or precaution;\nbring benefits for the many or profits for the few;\nrespect diverse systems of property ownership;\nempower or disempower people; and\nmake technology accessible to those who need it in developing countries.\nHome\nAbout Us\nWebsite Policy\nFeedback\nEngagement of ICs\nSitemap\nDisclaimer\nHelp\nContact\nShare With\nDownload Mobile Application\nCopyright 2023 (with latest amendments), all rights reserved with Department of Commerce, Ministry of Commerce and Industry, Government of India\nThe site is best viewed in Chrome 92.0 , Firefox 89.0 or Microsoft Edge 92.0 and standard resolution is 1920*1080\nLast Updated: \n\t\t\tNovember 8, 2024\nVisitors : \n\t\t\t 310798740", "html": "\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nGeneral Council - Preparations for the 1999 Ministerial Conference - Transfer of Technology - Communication from India - Mcommerce\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n \n\n\n\n\n\n
\n\n
\n
\n
\n
\n
\n\t\t\t\t \n\t\t\t\t Welcome to Department of Commerce\t\t\t\t \t\t\t\t
    \n
  • \"Facebook\"
    • \n
  • \"Twitter\"
    • \n
  • \"Instagram\"
    • \n
\n
\n
\n
Screen reader access
\n
Skip to Main content
\n
\"Color
\n
\n +A \n A \n -A \n
\n
\n\n\n
\n\n\n
\n
\n\n
\n\n\n
\n\n\n
\n
\n\n
\n
\n
\n
\n\n\n\n\n
\n
\n
\n
\n\n
\n
\n\"State\n
\n
\n

Government of India

\n

Ministry of Commerce and Industry

\n

DEPARTMENT OF COMMERCE

\n
\n
\n\n
\n
\n

\n Factsheet on conclusion of India-EU Free Trade Agreement

\n

\n Fact Sheet-India and New Zealand Conclude Free Trade Agreement

\n

\n India - UK Comprehensive Economic and Trade Agreement (CETA)

\n
\n
\n\n\n\n
\n\n\n\n\n\n
\n
\n\n
\n
\n\n\n\n \n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n
\n\n
\n\n\n\n\n\n
\n
\n
\n\n\n
\n
\n
\n\n\n
\n
\n
\n
\n\n\n\n
\n
\n
\n\n
\n
\n\"Logo\"\n
\n
\n

Government of India

\n

Ministry of Commerce and Industry

\n

DEPARTMENT OF COMMERCE

\n
\n
\n\n
\n
19th CII India Africa Business Conclave\n
World Bank’s B-Ready Project
\n\n
\n
    \n
  • \"Facebook\"
    • \n
  • \"Twitter\"
    • \n
  • \"Instagram\"
    • \n
\n
\n
\n
\n +A \n A \n -A \n
\n
\"Color
\n
\n\n\n
\n\n\n
\n
\n
\n
\n\n
\n
\n
\n\n
\n
\n
\n
\n
\n\n
\n\n
\n
\n
\n
\n\n
\n
\n
\n
\n
\r\n\t\t\t\t\t International Trade \r\n\t\t\t
\n
\n
\n
\n
\r\n International Trade \r\n
\n
\n\n
\n
\n\n
\n

\tGeneral Council – Preparations for the 1999 Ministerial Conference – Transfer of Technology – Communication from India

\n
WT/GC/W/352 11 October 1999\n
\n

General Council
\n(99-4262)
\nOriginal:English

\n
PREPARATIONS FOR THE 1999 MINISTERIAL CONFERENCE\n
\n

Transfer of Technology
\nCommunication from India

\n

The following communication, dated 30 September 1999, has been received from the Permanent Mission of India.

\n
Background\n
\n
    \n
  • The importance of transfer of technology (TOT) for developing countries is obvious enough. Technology plays an important role in creation of competitive advantages and is an integral part of any developmental strategy.
    • \n
  • All available literature proves beyond a doubt that the developed countries are the main repository of the latest technology. The asymmetrical distribution of R&D expenditures is illustrated by the fact that developing countries account for just 6 per cent of global R&D expenditure. Even in developed countries only seven OECD countries account for as much as 90 per cent of total R&D expenditure.
    • \n
  • Contrary to popular belief, the phenomenon of globalization has not resulted in much dissemination and transfer of technology. While transnational corporations are decentralizing a lot of operations such as production and sourcing internationally, it is nevertheless true that R&D activities are not sufficiently internationalized. So despite globalization, R&D and associated technology remains highly centralized in industrialized countries and the companies are more likely to expand their research to other developed countries rather than developing countries.
    • \n
  • There are also “strategic alliances” at work between transnational corporations, which conspire to prevent and impede TOT to developing countries.
    • \n
\n

In sum, technology is mainly concentrated in a handful of developed countries, there is substantial evidence that despite globalization not much TOT is taking place to developing countries and the situation is not likely to change any time soon.

\n
Modes of TOT\n
\n
    \n
  • There are basically two fundamental ways at present in which TOT takes place from developed countries to developing countries. One, is through Foreign Direct Investment (FDI). While FDI does have some potential to facilitate TOT, it is also true that it places severe limitations on the developing countries, depending on the negotiating strength of the latter. Also, equity participation of the technology holder alone does not always ensure TOT.
    • \n
  • The second mode of TOT would appear to be licensing and contractual means. Licences may provide an easy and economical way of TOT; besides, it would also be the first option for SMEs who lack the financial resources to enter into FDI or equity ventures with large transnational corporations. Licensing used to be the favoured mode in the 60s and the 70s. But, henceforth, it is going to be increasingly difficult, if not impossible, to acquire TOT through licensing means. Apart from the fact that TNCs may not want to transfer state-of-the-art technologies through this mode, financial constraints are likely to make this mode well-nigh impossible.
    • \n
    WTO Agreements which refer to TOT\n
    \n

    A number of WTO Agreements specifically mention the TOT. The following is an illustrative list:

    \n
      \n
    • TRIPS: The TRIPS Agreement in Articles 7 and 8 specifically deal with TOT. Article 7 clearly says that the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare. Similarly, Article 8 says that Members may adopt measures to promote technological development provided those measures are consistent with the provisions of this Agreement. Also, this Article acknowledges that appropriate measures (provided they are consistent with the TRIPS Agreement) may be needed to prevent the resort to practices which adversely affect the international transfer of technology. Also, Article 66.2 of the TRIPS Agreement obliges developed-country Member countries to provide incentives under their legislation to enterprises and institutions in their territories for the purpose of promoting and encouraging the TOT to least-developed Countries in order to enable them to create a sound and viable technological base.
      • \n
    • GATS: paragraph 1(a) of Article IV, mentions access to technology on a commercial basis. Paragraph 2(c) of the same Article in obliges developed countries to establish contact points for the availability of services technology.
      • \n
    • TBT: The TBT Agreement in Article 11 talks of technical assistance, but the technology aspects in this field cannot be exaggerated.
      • \n
    • SPS: The SPS Agreement, once again, talks of technical assistance in Article 9, but the issue of transfer of technology is all too obvious.
      • \n
    \n
    Strengthening and operationalizing WTO Agreements which refer to TOT\n
    \n
      \n
    • It is obvious that TOT is crucial for developing countries; it is equally clear that there are a certain number of WTO Agreements which mention TOT explicitly or allude to it. However, these are more in the nature of either pious wishes or best-endeavour clauses that have remained a dead letter.
      • \n
    • The need of the hour is therefore to strengthen the language in existing agreements to make the provisions legally binding commitments.
      • \n
    • It would also be important to recognize the importance of TOT and therefore the mandated negotiations in the WTO would need to factor this in. This is true of the Services and the TRIPS Agreement; in Services, there would be a new round of negotiations and the TRIPS Agreement would come up for review in 2000.
      • \n
    • There are also possibilities of providing in the Subsidies Agreement incentives for TOT from developed countries to developing countries. For instance, it could be made clear that subsides incurred in developed countries for ensuring TOT to developing countries shall be deemed non-actionable. There is at present a contradiction inasmuch as there are some subsidies on R&D that are not actionable, but then there are domestic legal provisions in some major countries that impede the transfer of that very technology to developing countries. This anomaly would need to be removed.
      • \n
    \n
    Establishment of a Working Group on TOT\n
    \n
      \n
    • In view of the above, it is proposed that a Working Group be established on the subject of transfer of technology. The Group will have the following mandate:
      \nto first identify the problems and constraints faced by developing countries in gaining access to the latest technology available in the developed countries;
      • \n
    • to look at all existing WTO Agreements with a view to making the necessary changes for facilitating and ensuring the transfer of technology on fair and advantageous terms;
      • \n
    • to consider dual-use technologies in all its aspects including why it is not transferred to developing countries sometimes even on commercial terms;
      • \n
    • to factor in TOT as a critically important issue for developing countries in all future negotiations;
      • \n
    • to look at the possibility of establishing an institutional TOT machinery within the WTO Secretariat that would have not only the data base but also vital information on legal and administrative framework, financing mechanisms available and also the expertise to carry out assessment of technology needs;
      • \n
    • suggest specific support measures to facilitate and ensure TOT from developed countries to developing countries. These may include: foster access to technologies; cooperate in the development of scientific and technological resources including the creation and growth of national innovation systems; grant credits for financing the acquisition of technology; provide assistance and cooperation in the development and administration of laws and regulations likely to facilitate TOT; strengthen the negotiating capacity for TOT transactions; and assist in protecting and commercializing local innovations; and
      • \n
    • study the design of incentives, including tax incentives that developed country Members could grant to enterprises and institutions in their own countries in order to disseminate and transfer Technology to developing countries.
      • \n

      Conclusion

      \n
    • Technologies hold great potential for human development. But strong policy action is needed internationally to ensure that the rules of international trade are framed to turn the technologies towards developing country needs.
      • \n
    \n

    The questions that need to be posed and for which answers have to be found are:

    \n
      \n
    • Does the control, direction and use of technology:
      • \n
    • promote innovation and sharing of knowledge;
      • \n
    • restore social balance or concentrate power in the hands of a few;
      • \n
    • favour profits or precaution;
      • \n
    • bring benefits for the many or profits for the few;
      • \n
    • respect diverse systems of property ownership;
      • \n
    • empower or disempower people; and
      • \n
    • make technology accessible to those who need it in developing countries.
      • \n
    \n\n
\n\n
\n
\n
\n\n
\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n\n\n" } 0 x-amz-checksum-crc32:4x1QPQ==