REPORT ON
THE IMPLEMENTATION OF ARTICLE 66.2
OF THE TRIPS AGREEMENT
UNITED
STATES OF AMERICA
The following communication, dated 15 September 2023, from the
delegation of the United States of America is being circulated
pursuant to paragraph 1 of the Decision on Implementation of Article 66.2 of
the TRIPS Agreement (document IP/C/28).
_______________
1 INTRODUCTION.. 2
2 GENERAL
TECHNOLOGY TRANSFER PROGRAMS, INCENTIVES, AND PARTNERSHIPS. 2
3 EDUCATIONAL AND
UNIVERSITY-LED PROGRAMS. 6
4 COMMERCIAL AND LEGAL PROGRAMS TO STRENGTHEN CAPACITY. 14
5 INTELLECTUAL
PROPERTY PROTECTION (IPR) AND ENFORCEMENT CAPACITY BUILDING. 15
6 TRADE AND INVESTMENT POLICY, CAPACITY BUILDING, AND INCENTIVES. 18
7 DEVELOPMENT PROGRAMMING AND INCENTIVES THROUGH PRIVATE SECTOR
MODELS. 22
8 PROGRAMS AND INCENTIVES
RELATED TO AGRICULTURAL DEVELOPMENT AND FOOD SAFETY AND SECURITY. 27
9 PROGRAMING AND INCENTIVES RELATED TO ENERGY DEVELOPMENT. 33
10 PROGRAMING AND
INCENTIVES RELATED TO ENVIRONMENTAL
PROTECTION.. 37
11 PROGRAMMING AND
INCENTIVES RELATED TO HEALTH.. 44
12 PROGRAMMING AND
INCENTIVES RELATED TO BUILDING LABOR
CAPACITY. 55
13 completed projects. 55
1. The
United States is committed to continually enhancing its activities pursuant to
Article 66.2 of the TRIPS Agreement, and reporting those activities, in keeping
with the guidelines established in the TRIPS Council's Decision of 20 February
2003 (document IP/C/28).
Consistent with this decision, developed country Members shall provide yearly
reports to least developed country (LDC) Members on actions taken or planned in
pursuance of the commitments of developed countries under Article 66.2.
Under this article, developed country Members have committed themselves to
provide incentives to enterprises and institutions in their territories for the
purpose of promoting and encouraging technology transfer to LDC Members, in
order to enable them to create a sound and viable technological base. United
States government funding of these multifaceted activities and collaborations
are incentives to the many partners in the United States that work with LDC
recipients and institutions to promote, encourage, and enable technology
transfer.
2. The
intellectual property (IP), trade capacity training, development assistance,
educational, financing, entrepreneurship, and infrastructure-related programs described
in this report are integral elements of the efforts of the United States to
support LDCs in fostering the necessary environment to encourage the effective,
voluntary transfer of technology to LDC Members. No report can represent every
activity that directly or indirectly incentivizes enterprises and institutions
for the purpose of promoting and encouraging technology transfer. This report
attempts to describe many significant activities and programs and to convey the
breadth and depth of efforts by the United States.
3. The
United States government attaches great importance to providing incentives to
help LDCs obtain technology transfer. A key element to this objective is that
the United States government, in collaboration with many other national and
regional government agencies and IP organizations, such as the World
Intellectual Property Organization (WIPO), works to assist LDCs to improve the
functioning and utilization of their IP systems to promote economic, social and
cultural development. Our goal is to help LDCs establish an environment that
attracts and sustains technologies that address local needs and are valued in
local markets. The strengthening of IP protection is an essential measure to
promote technology transfer.
4. Much of
the United States government research conducted by federally operated
laboratories and federally funded research and development (R&D) centers
results in inventions or findings that contribute to the development of new
technologies and processes. Commercialization of these outputs can yield
economic and social benefits that increase returns on the investment in federal
R&D.
5. The
United States continues to believe that the effective functioning of Article
66.2 of the TRIPS Agreement requires a robust dialogue between developed
country Members and LDC Members. This targets incentives in a way that is most
responsive to the self-identified technology transfer interests and needs of
LDC Members. The United States encourages the efforts of the TRIPS Council
Secretariat and Members to organize discussions among the Members regarding
Article 66.2 implementation. The United States also encourages LDC Members to
exchange technology transfer best practices to better understand what has
worked in other LDCs and how they can be duplicated in their own countries.