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Working Group on Trade & Working Group on Trade & Transfer of TechnologyTransfer of Technology

(Geneva, 28th June 2012)(Geneva, 28th June 2012)

Work Plan 2012Work Plan 2012

Carlos Rossi (Peru) Carlos Rossi (Peru) WGTTT Chairperson 2012WGTTT Chairperson 2012

WGTTT Work Plan 2012

IMPROVING AND UPDATING THE WGTTT PAGEON THE WTO WEBSITE 

Examination of the relationship between Trade and Transfer of Technology

IGOS contributionsUNCTAD -2002: Investment and Technology Division -2003: Transfer of Technology for Successful Integration into the Global Economy

-2004: Facilitating Transfer of Technology to Developng Countries: A Survey of Home-Countries Measures

-2005: A Case Study on the Electronic Industry in Thailand-2005: Taxation and Technology Transfer: Key Issues-World Investment Report 2005: Transnational Corporations and the Internationalization of R&D

-2006: A Case Study of the Salmon Industry in Chile-2006: Trends in Cross-Border Flows of Technology: Some Observations

-Technology and Innovation Report 2010: Enhancing Food Security in Africa through Science, Technology and Innovation

UNIDO-2002: Industrial Promotion and Technology Branch-2005: National Programme for Development of Indian Machine Tool Industry

-2006: Technology Transfer and Trade: the Toy Industry in India

WORLD BANK-2002: Development Research Group-2008: Global Economic Prospects: Technology Diffusion in the Developing World

FAO-2009: The Linkage between Technology Transfer and Productivity Gains in Agriculture

OCDE-2011: Innovation, Technology Transfer and STI Cooperation to address Global Challenges

WIPO-2011: Presentation of the Director General

WORKING GROUP ON TRADE AND TRANSFER OF

TECHNOLOGY

THE MANDATE

At the Fourth Ministerial Conference in Doha in November 2001 Minister agreed to "an examination, in a Working Group under the auspices of the General Council, of the relationship between trade and transfer of technology, and of any possible recommendations on steps that might be taken within the mandate of the WTO to increase flows of technology to developing countries“ (Paragraph 37, WT/MIN/(01)/DEC/1).

Paragraph 43 of the Hong Kong Ministerial Declaration of 18 December 2005 reaffirmed the Ministers' commitment to advance the work of the Working Group and instructed the General Council "to report further to our next Session".

39º Session of the Working Group on Trade and Transfer of Technology (15/03/12)

Report (2011) of the WGTTT to the General Council

Private Sector/AcademicINTECHINSME

National experiencesBrazil (2002)China (2002)Canada (2002)Switzerland (2003 & 2010)Philippines (2007)Pakistan (2010)

Documents from the WTO SecretarìatTrade and Transfer of TechnologyBibliographyEstudios de diferentes paísesWTO Provisions

Links WIPO: Lincensing and Technology TransferUNCTAD: Technology, Innovation and Trade Logistics

ONUDI: Investment and Technology PromotionOCDE: Directorate for Science, Technology and Industry World Bank: Science, Technology and Innovation IMF: Technical Assistance and Training FAO: Technical Cooperation Department

> The Doha mandate> The Doha mandate explained> Hong Kong Ministerial Declaration

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PROVISIONS RELATING TO TRANSFER OF TECHNOLOGY IN WTO AGREEMENTS

• Trade-related Aspects of Intellectual Property Rights (TRIPS)

• General Agreement on Trade in Services (GATS)• Gats Annex on Telecommunications• Committee on Trade and Environment• Agreement on the Application of SPS Measures• Agreement on Technical Barriers to Trade (TBT)• Agreement on Subsidies and Countervailing Measures • Agreement on Agriculture• Ministerial Decision on measures concerning the possible

negative effects of the reform program on LDCs and NFIDCs

7, 8.2, 40, 66.2

6.c, 6.dIV, XIX

9118.26, Annex 2 (2, 11)3.iii) - Art.16 AoA

Under the instruction of the Chair, the Secretariat has already approached the Councils for TRIPS and GATS to provide an update on the work undertaken by their bodies in relation to technology transfer. I have also instructed the Secretariat to write to the Committee on Trade and Environment and the Committee on Trade-Related Investment Measures for similar information and update. I hope to brief you on these updates at our next meeting in October 2012.

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ANALYSIS OF THE RELATIONSHIP BETWEEN TRADE AND TRANSFER OF TECHNOLOGY 

IPR regime /patent system

Payment for IP, royalties and licensing fees • Vertical FDI

• Horizontal FDI• Licensing, joint ventures,

franchising, etc.• Technology content of FDI• FDI in R&D• Corporate developmental

responsability• FDI linkage with SMEs

Bilateral investment treaties and Regional Trade AgreementsPlurilateral negotiations

Domestic Regulation

• Internationalization of R&D• International diffusion of

technology• Direct access to technology

(Internet)

Shortening of technology life-cycles

International competitiveness

Global value chains

Mobility of humanresources

International coop programsExchange of info and coop among patent offices

Aid for trade in capacity buildingSouth-South cooperation

• Trade in intermediate and capital goods

• R&D content of imports• Trade in business and

professional services• Export base• Import competition

Trade FDI

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• Good governance and institutional support system• Good relationship between IPR institutions and private sector• PPP, sub-contracting and outsourcing• Tax (corporate income tax, import duties, taxation of dividends,

royalties and technical fees, withholding taxes on tech transfer)• R&D incentives, tax exemptions• Tech contracts: exclusiveness for the supply of machinery, use

of competing tecnologies and stability of taxes, royalties, etc.

• Appropriate macro-economic environment• Open and efficient functioning of markets• Financial structure and intermediation• Appropriate physical infrastructure

Human capital and skilled labourLevel and nature of the education systemManagement and marketing skillsTraining of scientists and technicians abroad

• Regulatory framework for innovation• Absorptive capacity and capacity of adaptation to existing technologies• Public funding on R&D in priority areas• Cross-country network of intermediaries comprising provincial research

and innovation organizations• Linkages between academic work and market demands • Early start in new areas of technology (tech positioning)

HOST COUNTRY CONDITIONS/POLICIES/MEASURES

High participation in high-tech global trade

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• Industrial program with financial support to local firms planning business activities abroad• Investment in intangibles (trademarks and patents)

Competition policy framework to face structural changes and global competitive pressuresIncentives and public funding for R&D (grants, subsidies, tax breaks, etc.), military spendingGovernment procurement policies as a means

to tech transfer

• Integrated/harmonized regulatory regimes with its trading partners (national standards based on international standards)

• BITs and Investment commitments in RTAs and multilaterally

HOME COUNTRY CONDITIONS/POLICIES/MEASURES

Installed research base, concentration of technologyownership and R&D

• Specific policies to improve the flow of technology internally• Specific programs for improving innovation capacity• Specific initiatives and programs for technology transfer• Attract technology from abroad (tacit, codified, embodied in

people, goods and services)• Consultation and legislative revision to find a balance

between creators and users of IPR

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ANY POSSIBLE RECOMMENDATIONS ON STEPS THAT MIGHT BE TAKEN – SUBMISSIONS BY MEMBERS

India, Pakistan & Philippines (2008) “Facilitating Access to Information on Appropriate Technology Sourcing” Room doc. 14/07/08

• Follow-up innovation and adaptation had driven technological change• Webpage on successfull tecnology-adquisition programes, TRIPS reports• Dissemination of information on contracts, royalties, conditions, clauses to

encourage local tecnological development