Report on the implementation of article 66.2
of the TRIPS agreement

Switzerland

The following communication, dated 16 September 2024, from the delegation of Switzerland, 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.  In paragraph 11.2 of the Decision on Implementation-Related Issues and Concerns (document _WT/MIN(01)/17), adopted in Doha on 14 November 2001, developed country Members reaffirmed their commitment to provide enterprises and institutions incentives to promote and encourage technology transfer to least-developed country Members (LDCs), pursuant to Article 66.2 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). In its Decision (document _IP/C/28) of 19 February 2003, the Council for Trade-Related Aspects of Intellectual Property Rights (Council for TRIPS) agreed that developed country Members shall submit annual reports on actions taken or planned in pursuance of their commitments under Article 66.2 of the TRIPS Agreement. Furthermore, it was agreed that new detailed reports shall be delivered every third year and that updates shall be provided in the intervening years.

2.  According to this obligation, and taking the Decision of the Council for TRIPS into account, Switzerland herewith submits its updated report on actions taken or planned. The report reflects all latest relevant developments in Switzerland. 

3.  Switzerland's understanding of 'technology transfer' includes a broad set of processes covering the flows of know-how, experience and equipment amongst different stakeholders such as governments, private sector entities, financial institutions, NGOs and research/education institutions. Incentives and activities reported here belong to any of the following four key modes of technology transfer: (i) physical objects or equipment; (ii) skills and human and organisational aspects of technology management and learning; (iii) designs and blueprints which constitute the document-embodied knowledge on information and technology; and (iv) production arrangement linkages within which technology is operated, including the enabling environment for such transfer.

4.  Foreign direct investment, official development assistance (ODA; cf. para.2 below), equity investment, or other instruments such as commercial lending, are all important channels through which technology transfer is financed. The present report is focused on technology transfer under ODA financing. Switzerland provides incentives in numerous sectors contributing to sustainable development in LDCs and believes that this assistance should be comprehensive and not be limited to certain areas. These incentives take various forms such as tax incentives, loans, support to the business environment, policy and legal support or support to the establishment of strong IP systems.