Working Group on Trade & Transfer of Technology (Geneva, 28th June 2012) Work Plan 2012 Carlos Rossi (Peru) WGTTT Chairperson 2012
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Working Group on Trade & Transfer of Technology (Geneva, 28th June 2012) Work Plan 2012 Carlos Rossi (Peru) WGTTT Chairperson 2012 1 WGTTT Work Plan 2012 Session 1 15th March Mr. Andreas Maurer (WTO) Presentation by UNCTAD on BITs, RTAs and Plurilateral Agreements and ToT Presentation of a Successful National Experience consultations Presentations on GVC and ToT: Mr. Koen De Backer (OECD) Workshop December Session 3 October consultations consultations Chair's Presentation “The work undertaken in the past decade” Session 2 28th June Public and IGOs session: Successful national experiences by members and studies by IGOs on GVC and ToT, impact of international agreements and cooperation Private session on Industrial transfer of technology Academic and Research Centres session on R&D: MIT: MISTI Programme IMPROVING AND UPDATING THE WGTTT PAGE ON THE WTO WEBSITE Examination of the relationship between Trade and Transfer of Technology IGOS contributions UNCTAD -2002: Investment and Technology Division -2003: Transfer of Technology for Successful Integration into the Global Economy -2004: Facilitating Transfer of Technology to Developng Countries: A Survey of Home-Countries Measures -2005: A Case Study on the Electronic Industry in Thailand -2005: Taxation and Technology Transfer: Key Issues -World Investment Report 2005: Transnational Corporations and the Internationalization of R&D -2006: A Case Study of the Salmon Industry in Chile -2006: Trends in Cross-Border Flows of Technology: Some Observations -Technology and Innovation Report 2010: Enhancing Food Security in Africa through Science, Technology and Innovation UNIDO -2002: Industrial Promotion and Technology Branch -2005: National Programme for Development of Indian Machine Tool Industry -2006: Technology Transfer and Trade: the Toy Industry in India WORLD BANK -2002: Development Research Group -2008: Global Economic Prospects: Technology Diffusion in the Developing World FAO -2009: The Linkage between Technology Transfer and Productivity Gains in Agriculture OCDE -2011: Innovation, Technology Transfer and STI Cooperation to address Global Challenges WIPO -2011: Presentation of the Director General WORKING GROUP ON TRADE AND TRANSFER OF TECHNOLOGY THE MANDATE At the Fourth Ministerial Conference in Doha in November 2001 Minister agreed 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“ (Paragraph 37, WT/MIN/(01)/DEC/1). Paragraph 43 of the Hong Kong Ministerial Declaration of 18 December 2005 reaffirmed the Ministers' commitment to advance the work of the Working Group and instructed the General Council "to report further to our next Session". > The Doha mandate > The Doha mandate explained > Hong Kong Ministerial Declaration 39º Session of the Working Group on Trade and Transfer of Technology (15/03/12) Report (2011) of the WGTTT to the General Council Private Sector/Academic INTECH INSME National experiences Brazil (2002) China (2002) Canada (2002) Switzerland (2003 & 2010) Philippines (2007) Pakistan (2010) Documents from the WTO Secretarìat Trade and Transfer of Technology Bibliography Estudios de diferentes países WTO Provisions Links WIPO: Lincensing and Technology Transfer UNCTAD: Technology, Innovation and Trade Logistics ONUDI: Investment and Technology Promotion OCDE: Directorate for Science, Technology and Industry World Bank: Science, Technology and Innovation IMF: Technical Assistance and Training FAO: Technical Cooperation Department PROVISIONS RELATING TO TRANSFER OF TECHNOLOGY IN WTO AGREEMENTS • • • • • • • • • Trade-related Aspects of Intellectual Property Rights (TRIPS) General Agreement on Trade in Services (GATS) Gats Annex on Telecommunications Committee on Trade and Environment Agreement on the Application of SPS Measures Agreement on Technical Barriers to Trade (TBT) Agreement on Subsidies and Countervailing Measures Agreement on Agriculture Ministerial Decision on measures concerning the possible negative effects of the reform program on LDCs and NFIDCs 7, 8.2, 40, 66.2 6.c, 6.d IV, XIX 9 11 8.2 6, Annex 2 (2, 11) 3.iii) - Art.16 AoA Under the instruction of the Chair, the Secretariat has already approached the Councils for TRIPS and GATS to provide an update on the work undertaken by their bodies in relation to technology transfer. I have also instructed the Secretariat to write to the Committee on Trade and Environment and the Committee on Trade-Related Investment Measures for similar information and update. I hope to brief you on these updates at our next meeting in October 2012. 4 ANALYSIS OF THE RELATIONSHIP BETWEEN TRADE AND TRANSFER OF TECHNOLOGY International competitiveness Global value chains Trade • • • • • Trade in intermediate and capital goods R&D content of imports Trade in business and professional services Export base Import competition Payment for IP, royalties and licensing fees IPR regime / patent system Shortening of technology life-cycles Mobility of human resources • • • Internationalization of R&D International diffusion of technology Direct access to technology (Internet) FDI • • • • • • • Vertical FDI Horizontal FDI Licensing, joint ventures, franchising, etc. Technology content of FDI FDI in R&D Corporate developmental responsability FDI linkage with SMEs International coop programs Exchange of info and coop among patent offices Aid for trade in capacity building South-South cooperation Bilateral investment treaties and Regional Trade Agreements Plurilateral negotiations Domestic Regulation 5 HOST COUNTRY CONDITIONS/POLICIES/MEASURES • • • • • • Good governance and institutional support system Good relationship between IPR institutions and private sector PPP, sub-contracting and outsourcing Tax (corporate income tax, import duties, taxation of dividends, royalties and technical fees, withholding taxes on tech transfer) R&D incentives, tax exemptions Tech contracts: exclusiveness for the supply of machinery, use of competing tecnologies and stability of taxes, royalties, etc. • • • • • • • • • • Appropriate macro-economic environment Open and efficient functioning of markets Financial structure and intermediation Appropriate physical infrastructure Regulatory framework for innovation Absorptive capacity and capacity of adaptation to existing technologies Public funding on R&D in priority areas Cross-country network of intermediaries comprising provincial research and innovation organizations Linkages between academic work and market demands Early start in new areas of technology (tech positioning) Human capital and skilled labour Level and nature of the education system Management and marketing skills Training of scientists and technicians abroad 6 HOME COUNTRY CONDITIONS/POLICIES/MEASURES Installed research base, concentration of technology ownership and R&D High participation in high-tech global trade Competition policy framework to face structural changes and global competitive pressures Incentives and public funding for R&D (grants, subsidies, tax breaks, etc.), military spending Government procurement policies as a means to tech transfer • • Industrial program with financial support to local firms planning business activities abroad Investment in intangibles (trademarks and patents) • • • • • • • Specific policies to improve the flow of technology internally Specific programs for improving innovation capacity Specific initiatives and programs for technology transfer Attract technology from abroad (tacit, codified, embodied in people, goods and services) Consultation and legislative revision to find a balance between creators and users of IPR Integrated/harmonized regulatory regimes with its trading partners (national standards based on international standards) BITs and Investment commitments in RTAs and multilaterally 7 ANY POSSIBLE RECOMMENDATIONS ON STEPS THAT MIGHT BE TAKEN – SUBMISSIONS BY MEMBERS India, Pakistan & Philippines (2008) “Facilitating Access to Information on Appropriate Technology Sourcing” Room doc. 14/07/08 • • • Follow-up innovation and adaptation had driven technological change Webpage on successfull tecnology-adquisition programes, TRIPS reports Dissemination of information on contracts, royalties, conditions, clauses to encourage local tecnological development 8