The TRIPS agreement, international technology transfer and development: some lessons from strengthening IPR protection

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.