The Importance Of Technology Transfer In India

1363 Words6 Pages
demands. Although internationally binding regulations are no guarantee against the exploitation of developing countries and the enforcement of such regulation would be difficult, the framework for legal redress would be in place and nations would have a tool for defending themselves against transnational giants. Until such strict regulations are in place covering the transfer, handling and use of genetically engineered organisms, there must be a worldwide moratorium on their release to the environment. Unit - 5 TECHNOLOGY TRANSFER IN INTELLECTUAL PROPERTYRIGHTS AND BIODIVERSITY 1.Introduction During the 1992 United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro and the process leading to it, technology transfer…show more content…
At the United Nations Commission on Development, a working group on technology transfer was setup in 1993, but after a few years the group was closed down. Instead of the concessions asked for developing countries, the reverse trend towards much stricter Intellectual Property Rights regimes including for transfer of environmentally sound technology prevailed, when the TRIPS Agreement came into force together with the World Trade Organization in 1994. A strict IPRs regime have argued that it would encourage innovation and contribute to technology transfer that granting exclusive right to Intellectual Property Rights holders would enable them to monopolies the technology, hinder research by other parties and prevent the use by and spread to other parties. At international policy fora, developed countries have been taking the pro-Intellectual Property Rights position whilst developing countries have generally raised concerns about the negative effects of a strict Intellectual Property Rights regime on technology transfer. In relation to the environment, some technologies can have a negative impact whilst others may have a positive impact. It would be rational for policy frameworks whether at national or international levels to recognise the need to discourage the former whilst encouraging the latter. The granting of Intellectual Property Rights Provides an incentive for…show more content…
These two factors raise the cost and reduce the flow of technology to developing countries. The same United Nations Conference on Trade and Development, (UNCTAD) study, TRIPS limits the ability of countries to impose working requirements and issue compulsory licences. The implication of this limitation is that foreign firms may choose not to license technologies under the stronger Intellectual Property Right regime, but rather supply markets with imports at higher prices. Another negative effect on costs is that technology supplying firms will have stronger leverage in their bargaining positions as a result of stronger patent and trademark protection, permitting them to negotiate higher licence charges and royalty fees. Thus developing countries could suffer reduced inward technology flows at higher prices . According to Oh (2000), “there is concern that the use of Intellectual Property Rights may, in fact, adversely affect the flow of foreign direct investment. Analysis of the use of patents by foreign companies in developing countries has shown that such multinational corporations use patents as a defensive strategy” . It refers to the use of patenting to preserve markets that were once captured through exports and are subsequently threatened by

More about The Importance Of Technology Transfer In India

Open Document