Abstract
The article focuses on the impact of the TRIPS Agreement provisions on further development of international technology transfer (ITT) mainly to developing countries. The authors review the critical specificity of ITT connected with the adoption of TRIPS. Much attention is paid to an analysis of what is most discussed among international experts in the area of the issues on the dual results of stronger intellectual property rights (IPRs) concerning various groups of developing countries. Their study also examines a number of problems with implementation of the TRIPS provisions, conducive to ITT, in the context of the TRIPS-plus era as a new stage in strengthening IPR protection. Bearing in mind the fragmentation of the international regime of IPR protection because of the adoption of numerous regional free trade agreements, the authors outline the possible position of advanced developing and least developed countries with respect to using TRIPS potentials for development of ITT under reasonable and just terms, with the aim of overall prosperity.
Highlights
In today’s conditions of the dynamic development of global processes in the research and development (R&D) sphere and of economic globalization, there is an increasing significance of international technology transfer (ITT) by which the exchange and diffusion of technologies, innovation and knowledge are occurring around the world
Despite the fact that the TRIPS Agreement was inspired by pharmaceutical transnational corporations (TNCs), it provides for the scope and extent of intellectual property rights (IPRs) disciplines that are unprecedented at the international level
The strengthening of IPR protection pursuant to the TRIPS Agreement reduces the possibility of technology transfer free of charge from North to South, restricting obtaining the technology to channels of formal transfer that are associated with substantial costs
Summary
In today’s conditions of the dynamic development of global processes in the research and development (R&D) sphere and of economic globalization, there is an increasing significance of international technology transfer (ITT) by which the exchange and diffusion of technologies, innovation and knowledge are occurring around the world. The ambiguous impact of IPRs on technology transfer at the national and international levels is one of the issues of global cooperation in the area of science, technology and innovation, and of global economic cooperation and facilitation of development. From this viewpoint, the provisions of the TRIPS Agreement[2] and the experience of their implementation is an important subject, because TRIPS is one of the key instruments regulating the transfer of proprietary technologies. The outcomes of the impact of strengthening IPR protection on ITT connected directly with the development agenda are the issues to be addressed specially and in detail in this study
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