Abstract
The establishment of the World Trade Organization (WTO) after the Uruguay Round negotiations led to the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The agreement remains the keystone of the international intellectual property framework. One distinctive feature of the TRIPS Agreement is Article 66.2, which enshrined the legal obligation to developed WTO Members to provide incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to least-developed country (LDC) Members to enable them to create a sound and viable technological base.
The TRIPS Agreement includes other references to technology transfer: for example, Article 7 links the objective of protecting and enforcing intellectual property rights not only to the promotion of technological innovation but also to the transfer of technology. However, recent communications by delegations have underlined the importance of technology transfer and brought the topic back to the centre of the public debate, maintaining its full potential to address global crises. The issue of technology transfer is not new or exclusive to the TRIPS Agreement since several mentions can be found in international environmental treaties like the Paris Agreement or in the Pandemic Prevention, Preparedness and Response Accord (Pandemic Treaty), which is currently under negotiation at the World Health Organization. Indicating that transfer and dissemination of technology has proven vital in addressing global crises like climate change or achieving pandemic preparedness.