REPORT (2024) OF THE Working group on trade and transfer
of technology TO THE GENERAL COUNCIL

1  introduction

1.1.  Ministers agreed, at the Fourth Ministerial Conference in Doha in November 2001, to "an examination, in a Working Group under the auspices of the General Council, of the relationship between trade and transfer of technology, and of any possible recommendations on steps that might be taken within the mandate of the WTO to increase flows of technology to developing countries".^[1]

1.2.  The Working Group on Trade and Transfer of Technology (WGTTT, or the Working Group) has since reported on its work at each WTO Ministerial Meeting. In the Abu Dhabi Ministerial Declaration, as in previous Ministerial Sessions, Ministers reaffirmed their commitment to advance the work of the WGTTT.[2] This report covers the work of the WGTTT in 2024.

2  Work of the WGTTT

2.1.  The Working Group held three formal meetings in 2024, on 15 May (72^nd Session), on 11 July (73^rd Session), and on 12 November (74^th Session). The minutes of those meetings are contained in documents _WT/WGTTT/M/72, _WT/WGTTT/M/73, and _WT/WGTTT/M/74, respectively. Additionally, the Chairperson conducted bilateral consultations with Members between 11 and 26 June 2024; and two informal sessions were also held on 24 July and 9 October 2024, respectively.

2.2.  The meetings were chaired by Ambassador Raimondas Ališauskas of Lithuania, who was elected as the new Chairperson of the Working Group at the beginning of the 72^nd Session. At the same meeting, the Working Group discussed a request for observer status addressed by the World Intellectual Property Organization (WIPO). Members agreed to grant observer status to the WIPO.

2.3.  The Working Group continued the analysis of the relationship between trade and transfer of technology, as well as considered any possible recommendations on steps that might be taken within the mandate of the WTO to increase flows of technology to developing countries, by considering the following topics: i) inputs from other WTO fora on technology transfer discussions; and ii) reinvigorating discussions on the relationship between trade and transfer of technology.

2.4.  Additionally, the Chairperson held informal consultations mentioned above, which aimed to seek Members' suggestions to plan future work. At the 73^rd Session, the Chairperson delivered an oral report on his informal bilateral consultations, contained in document _JOB/WGTTT/3; and at the 74^th Session, he delivered another oral report on the informal sessions held on 24 July and 9 October 2024, contained in document _JOB/WGTTT/4.

2.5.  In his reports to the Working Group, the Chairperson noted that three indicative themes ‑ green technology, regulatory framework for technology transfer, and the role and scope of trade‑related technical assistance and capacity-building programmes in technology transfer ‑ had emerged from his consultations and were broadly supported by Members. He also noted that one Member could not agree to any of the indicative themes, in view of duplication with other WTO bodies and suggesting that the Working Group focus on aggregating information from discussions in other bodies rather than pursuing its own work plan. While a number of Members reaffirmed the indicative themes, they emphasized the need for coherence and synergies with other WTO bodies.

2.6.  With a view to avoid duplicating work, and to help the Working Group relate its work with that done in other WTO bodies on transfer of technology, and identify areas where value could be added, the Working Group, at its 74^th Session, requested the Secretariat to begin a mapping exercise to gather factual information about work carried out by other WTO bodies on transfer of technology. Additionally, the Working Group requested the Secretariat to also update the summary note on the discussions held in the Working Group, contained in document _JOB/DEV/31. The aim of that update was to review and reflect on the work conducted by the Working Group since 2015.

2.1  INPUTS FROM OTHER WTO FORA ON TECHNOLOGY TRANSFER DISCUSSIONS

2.7.  The Chairperson solicited information on work other WTO fora held on transfer of technology, to ensure the Working Group remained informed on relevant developments and to avoid duplication of work within the WTO. The Chairperson of the Committee on Agriculture, the Chairperson of the Committee on Trade Facilitation and the Facilitator of the Work Programme on E‑commerce were invited to brief the Working Group. In addition, as a result of the Chairperson's consultations with Members, the Committee on Trade and Environment and the Council for Trade‑Related Aspects of Intellectual Property Rights were also identified for future briefings.

2.8.  At the 73^rd Session the Chairperson of the Committee on Agriculture and the Chairperson of the Committee on Trade Facilitation briefed the Working Group on the work within their respective committees on trade and transfer of technology. At the 74^th Session, the Facilitator of the Work Programme on E‑commerce briefed the Working Group. Their statements are contained in the respective minutes of those meetings.

2.9.  Members found the briefings useful and suggested that the Working Group should continue to invite briefings from other WTO bodies at future meetings.

2.2  REINVIGORATING DISCUSSIONS ON THE RELATIONSHIP BETWEEN TRADE AND TRANSFER OF TECHNOLOGY

2.10.  Work on reinvigorating discussions on the relationship between trade and transfer of technology proceeded on the basis of two communications by Members. India introduced at the 72^nd Session its communication on reinvigorating discussions on the relationship between trade and the transfer of environmentally sound technologies to developing countries to address climate change, contained in document _JOB/WGTTT/2; the African Group communication on the role of transfer of technology in resilience building, contained in document _WT/WGTTT/W/34/Rev.1, which was introduced at the 70^th Session, was also considered.

2.11.  The Chairperson reiterated the importance of knowledge sharing in the work of the Working Group and encouraged Members to consider making country presentations, with examples from national experiences that demonstrate the role trade has played, or could play, in facilitating technology transfer. Additionally, he invited Members to share their experiences with technology generation, transfer, assimilation, and absorption, and to reflect on the role these processes may have had in their economic development.

2.2.1  REINVIGORATING DISCUSSIONS ON THE RELATIONSHIP BETWEEN TRADE AND THE TRANSFER OF ENVIRONMENTALLY SOUND TECHNOLOGIES TO DEVELOPING COUNTRIES TO ADDRESS CLIMATE CHANGE (_JOB/WGTTT/2 AND _JOB/WGTTT/2/CORR.1)

2.12.  At the 72^nd Session, the Working Group considered a communication presented by India titled "Reinvigorating discussions on the relationship between trade and the transfer of environmentally sound technologies (ESTs) to developing countries to address climate change", contained in document _JOB/WGTTT/2 and _JOB/WGTTT/2/Corr.1. That communication proposed adopting a Ministerial Declaration on "Transfer of ESTs for addressing Climate Change" and provided a suggested work plan to facilitate the transfer of ESTs to developing countries to address climate change.

2.13.  Members welcomed the communication's underlying objective to promote the transfer of ESTs and acknowledged the importance of innovation and technology transfer for economic development and addressing climate change. Members also sought clarification on possible ways forward in the Working Group, as the communication had also been introduced in other WTO bodies, and that some elements in the communication had been discussed specifically in other intergovernmental organizations including at the United Nations Framework Convention on Climate Change (UNFCCC).

2.14.  India reiterated that, while technology transfer had also been addressed in other WTO bodies, it was the Working Group's core purpose to develop recommendations on steps that might be made within the mandate of the WTO to increase flows of technology to developing countries. To move work forward, India proposed organizing thematic discussions and experience-sharing sessions, including jointly with other WTO bodies; involving international organizations, including UNCTAD and WIPO, with a focus on IP and technology transfer; leveraging contributions from Members and the Secretariat, including the mapping exercise and background analyses; discussing WTO provisions relevant to technology transfer; and formulating recommendations to enhance technology flow to developing countries within the WTO's mandate.

2.2.2  THE ROLE OF TRANSFER OF TECHNOLOGY IN RESILIENCE BUILDING – COMMUNICATION FROM THE AFRICAN GROUP (_WT/WGTTT/W/34/REV.1)

2.15.  The Working Group continued considering the communication introduced on behalf of the African Group at the 70^th Session held in July 2023, titled "the role of transfer of technology in resilience building: reinvigorating the discussions in the WTO on trade and transfer of technology", contained in document _WT/WGTTT/W/34/Rev.1. The submission sought to reinvigorate technology transfer discussions within the WTO, and to focus on the following themes: i) the determinants of technology transfer such as IP rights and their protection; ii) the applications of technology transfer including in agriculture, environment protection and to mitigate climate change, health protection, trade facilitation and e-commerce; and iii) the promotion of technology transfer, including through sharing of domestic experiences, technical assistance or collaboration with non-governmental partners.

2.16.  At the sessions held in 2024, Members of the African Group called for prioritizing discussions on enhancing technology transfer mechanisms to foster resilience and sustainable development; and for inclusive and collaborative efforts with other intergovernmental organizations such as WIPO, FAO, and the World Bank, and also with academia and the private sector. They proposed discussions on the following themes: i) the relationship between provisions in the Agreement on TRIPS and technology transfer; ii) the role of digital technologies in trade and technology transfer; iii) agricultural technology for resilience and food security; iv) technology transfer for climate change mitigation and adaptation; and v) cybersecurity policies that ensure accessibility to digital technologies. The African Group representatives also proposed joint research projects with other international organizations, capacity-building workshops, and the establishment of matchmaking platforms to facilitate direct dialogue between technology holders and seekers.

2.17.  Members highlighted the importance of technology transfer for development and noted that the scope of the submission remained broad, and that given the specific nature of themes therein, the discussions should primarily take place within the relevant WTO bodies. They reiterated that evidence-based discussions were necessary and invited the proponents to share factual experiences to clarify the specific issues requiring attention.

2.18.  The proponents noted that, while the thematic discussions in other WTO bodies had been useful for knowledge sharing, developing recommendations to increase the flows of technology transfer to developing countries was within the remit of the Working Group. They expressed the view that the role of the Working Group, given its unique mandate, was to harness knowledge from thematic discussions elsewhere to inform its work.

3  FUTURE WORK

3.1.  Members have continued their examination of the relationship between trade and transfer of technology and of any possible recommendations on steps that might be made within the mandate of the WTO to increase flows of technology to developing countries. The ongoing work has helped enhance Members' understanding of the nexus between trade and transfer of technology. The Working Group will continue to look at these issues in its future deliberations.

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