. /. RESTRICTED  
 WORLD TRADE  
ORGANIZATION  WT/WGTTT/M/9 
16 September 2004 
 (04-3898) 
  
Working Group on Trade and Transfer of Technology 
Ninth Session   
 
 
NOTE ON THE MEETING OF 19 JULY 2004 
 
H.E. Mr. Jaynarain Meetoo (Mauritius)  
 
 
A. ADOPTION OF THE DRAFT AGENDA ............................................................................................1  
B. ANALYSIS OF THE RELATIONSHIP BETWEEN TRADE AND TRANSFER OF TECHNOLOGY ............1  
C. ANY POSSIBLE RECOMMENDATIONS ON STEPS THAT MIGHT BE TAKEN WITHIN THE 
MANDATE OF THE WTO  TO INCREASE FLOWS OF TECHNOLOGY TO DEVELOPING 
COUNTRIES ............................................................................................................................... ...2 
D. OTHER TOPICS RAISED BY MEMBERS .........................................................................................2  
E. OTHER BUSINESS ........................................................................................................................2  
 
 
A. ADOPTION OF THE DRAFT AGENDA  
1. The draft agenda contained in Airgram WTO/AIR/2357 of 8 July 2004 was adopted . 
B. ANALYSIS OF THE RELATIONSHIP BETWEEN TRADE AND TRANSFER OF TECHNOLOGY  
2. In continuing the analysis of the relationshi p between Trade and Transfer of Technology, 
Members focused their discussions on some of the el ements contained in earlier submissions made by 
the European Communities (WT/WGTTT/1 and WT/WG TTT/W/5).  In particular, they focused on 
the identification of the various channels of tec hnology transfer and the conditions under which these 
channels could be operationalized .  While acknowledging that this was a complex issue, Members 
reiterated their interest in continuing the examination of this relationship.  They also felt that further 
submissions would facilitate an e nhanced and better unders tanding of the inter-linkages between trade 
and transfer of technology, and how one could facilita te the other.  It was suggested that sharing 
experiences and ideas on those policy measures and incentives which, if adopted would facilitate 
technology transfer to developing countries, and in particular to the least-developed countries, would 
help the discussion move forward.   
3. At the request of Members, the representa tive of UNCTAD informed the Members of the 
Working Group on UNCTAD's work on two areas of  relevance to the discussion, namely "home 
country measures" and "corporate responsibility".  The representative of UNCTAD mentioned that support for foreign direct investment, training, ma tchmaking services, public-private partnerships and 
financing technology transfer were among the mo re common home country measures.  He brought to 
Members' attention a recent study on ''Encouraging International Technology Transfer'' prepared by 
Professor Kieth Maskus of University of Colorado,  USA in a joint project between UNCTAD and the 
International Centre for Trade and Sustainable Deve lopment (ICTSD).  It was also indicated that a 
study by UNCTAD on "home country measures", woul d be made available to the Secretariat for 
circulation to Members well in advance of the next meeting.  Members agreed to continue the 
discussion on this issue at the next formal meeting of the Working Group. WT/WGTTT/M/9 
Page 2  
 
C. A
NY POSSIBLE RECOMMENDATIONS ON STEPS THAT MIGHT BE TAKEN WITHIN THE 
MANDATE OF THE WTO  TO INCREASE FLOWS OF TECHNOLOGY TO DEVELOPING COUNTRIES  
4. Under this agenda item, Members began their consideration of the first two recommendations 
contained in document WT/WGTTT/W/6, namely (i ) an examination of the different provisions 
contained in various WTO Agreements relating to  technology transfer;  and (ii) the provisions 
contained in various WTO Agreemen ts which may have the effect of  hindering transfer of technology 
to developing countries.  While reiterating the role  which technology transfer could play in growth 
and development, some Members ma de references to a submission by  a group of developing countries 
(WT/WGTTT/3) and invited the Working Group to ex amine whether the provisions listed in that 
submission were operational and effective.  In that  context, among others, Articles 7, 8, 31, 40 and 
66.2 of the Agreement on Trade-Related Aspects of  Intellectual Property Rights (TRIPs Agreement) 
were highlighted.  Other Members stressed that it was necessary to see what the Working Group could 
do, within its mandate, to make these provisions eff ective and operational.  They also suggested that 
Article 31 of the TRIPs Agreement be added to the list of different provisions  relating to technology 
transfer which the Working Group should examine in this regard.  Some other Members were of the 
view that the Working Group was not a negotiating body and therefore not the appropriate forum in 
which existing provisions relating to transfer of te chnology could be amended.  They believed that 
ideally a discussion on the implications of the releva nt provisions on the transfer of technology should 
be held in the relevant WTO bodies.  Other Memb ers disagreed and argued against limiting the scope 
of discussions in the Working Group.  Memb ers, however, agreed that any proposed 
recommendations should flow out of the discussions  of the Working Group and should be supported 
by facts so as to ensure consistency with the mandate of the Working Group.  An organic link 
between the analytical work of the Worki ng Group and any possible recommendations was an 
essential element for a credible and sound outco me.  While expressing reservations about the 
argument made by some developing countries that technology transfer was a key determinant of 
development and that some of the provisions in WTO Agreements actually hindered technology 
transfer, one Member stated that removing barriers to trade was the best way to promote such transfer.  
Members agreed to continue the discussion on these recommendations as well as the next two recommendations contained in document WT/WGTTT/ W/6 at the next formal meeting of the 
Working Group.   
D. O
THER TOPICS RAISED BY MEMBERS  
5. Members did not raise any issue under this agenda item. 
E. OTHER BUSINESS  
6. Before concluding the meeting,  Ambassador Meetoo announced that his transfer from Geneva 
would take effect in August 2004.  He said that, ther efore, this meeting would be the last meeting of 
the Working Group that he would be able to chai r.  The Chairman of the General Council would, 
therefore, need to hold consultations on a new Chair for the Working Group.   
7. The Chairman  informed the Members that the next meeting of the Working Group had been 
tentatively scheduled for Wednesday, 6 October 2004.  
 
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