report on the implementation of article 66.2
of the TRIPS agreement

United States of America

The following communication, dated 27 September 2024, from the delegation of 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).

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1  INTRODUCTION

1.  The United States of America 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.