REPORT ON THE IMPLEMENTATION OF ARTICLE 66.2

The following communication, dated 16 September 2025, 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).

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Introduction

The United States of America attributes great importance to its obligations under Article 66.2 of the TRIPS Agreement. 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 least developed country (LDC) Members, in order to enable them to create a sound and viable technological base. The guidelines established in the Council for TRIPS Decision of 20 February 2003 (document _IP/C/28) note that developed country Members shall provide yearly reports to LDC Members on actions taken or planned in pursuance of the commitments of developed country Members under Article 66.2.

The US 66.2 submission in September 2024 detailed the previous administration's technology transfer programs during FY24. Given the change in US administrations, there is currently an extensive review underway of our external programs, including those on technology transfer. As this administration considers appropriate incentives to promote technology transfer to LDC Members, we are focused on supporting technology transfer that creates new markets, enables balanced and reciprocal trade relations, enhances access to natural resources, reinforces strong commercial and security relationships, and fosters innovation. In addition, the United States of America encourages the development of strong local IP regimes through both our Article 66.2 technology transfer activities and Article 67 technical assistance activities, as strong IP protection and enforcement are essential in facilitating voluntary technology transfer on mutually agreed terms and creating a sustainable environment for investment. As our review of various programmes progresses, we will have a clearer picture of activities that could be highlighted under Article 66.2 and may provide an addendum to this document detailing those activities, as appropriate.

The United States of America continues to believe that the most effective functioning of Article 66.2 requires a robust dialogue between developed country Members and LDC Members. Such a dialogue can allow incentives to be targeted in a way that is most responsive to the self-identified technology transfer interests and needs of LDC Members, while also advancing our America First Trade Policy. The United States of America encourages the efforts of the Council for TRIPS Secretariat and Members to organize discussions among the Members regarding Article 66.2 implementation. The United States of America also encourages LDC Members to exchange technology transfer best practices, including fostering favourable enabling environments and voluntary licensing on mutually agreed terms, to better understand what has worked in some LDCs and how those practices can be duplicated by others.

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