IPRs and access to technology a developing country perspective

1
IPRs and access to technology-a developing
country perspective

• Pedro Roffe
• UNCTAD-ICTSD
• WIPO-WTO Workshop, November 2003

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Outline

• 1. Developing countries and access to technology
• 2. Challenges facing policy-makers
• 3. Conclusions

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In brief

• Intellectual property is a relevant factor. But,
  one among many.
• The technology involved is also relevant.
• But, a local enabling environment skills,
  institutions, policies (intellectual property,
  competition) is a pre-requisite.
• International support measures necessary

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1. Net importers

• RD concentrated in OECD countries, 10 countries
  account for
• 84 global RD
• 94 of patents granted in USA
• 91 of receipts of cross-border technology
  payments

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New and old issue

• Access to technology not a new issue
• The 1970s
• Policy initiatives
• Challenges to conventional rules
• Changing conditions and perceptions modalities
  versus access

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Mechanisms

• Direct
• FDI
• Joint ventures
• Alliances
• Licensing
• Trade in goods
• Technical services

• Indirect
• Temporal movement of persons
• Imitation (reverse engineering, copying)
• FDI spillovers (subcontracting, training)
• Compulsory licensing
• Access to technical information (patent
  information, books, journals)

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Mechanisms to access

• Direct and indirect mechanisms
• Role of foreign direct investment and
  international firms
• Relative role of intellectual property according
  to mechanisms and nature of technology involved

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Role of patent information

• Access to foreign technology is essentially a
  consensual private transaction via market
  mechanisms
• Working requirements and non-voluntary licensing
• Means of accessing foreign technology?
• Patent information

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2. Relative importance of different factors

• Mixed evidence regarding factors influencing
  access to technology
• Advocates of strong IP protection argue that IPRs
  constitute a critical factor to induce
  international transfer of technology

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Intellectual property factor

• Countries, in different degrees, protect
  intellectual property, why some have better
  access to technology than others?
• Focus of attention has been the patent system
• Access could be enhanced or affected by other
  intellectual property disciplines

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New technologies

• Access to new technologies (biotechnology and
  ICT) might offer new opportunities for developing
  countries leapfrogging?
• Access to technology means access to technical
  knowledge
• The opportunities and challenges of the
  information revolution
• The Internet as a development tool

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IP as an incentive?

• Which incentives for international firms to
  transfer technology to developing countries?
• Does the IP system provide those incentives?
• The TRIPS Agreement
• The case of the least-developed countries

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3. Conclusions

• Technology transactions occur between willing
  partners in voluntary transactions
• Regulatory systems cannot secure these conditions
  but could create conditions to overcome
  impediments
• Would access be facilitated in a scenario of full
  compliance with higher standards of IP protection?

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The enabling environment

• Access to technology is not a simple process
• Domestic enabling environment skills,
  institutions, policies
• Intellectual property policies Article 7, TRIPS,
  Objectives
• Competitive environment including competition
  policies

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International support

• Focus of attention in several fora including
  Council for TRIPS
• Possible future emphasis
• Preserving balanced and pro-competitive IP
  regimes
• International cooperation in competition policies
  and their interface with IP
• Proper use of patent information

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Going beyond IPRs

• Measures, national/international, to enhance the
  domestic enabling environment and support
  national systems of innovation
• Access to wealth of available scientific and
  technological information
• International trade and other policies that might
  hinder access to technology to developing
  countries