WT/WGTTT/W/34  
 
3 July 2023  
(23-4521) Page: 1/4 
Working Group on Trade and Transfer of Technology  Original: English  
 
 
THE ROLE OF TRANSFER OF TECHNOLOGY IN RESILIENCE BUILDING:  
REINVIGORATE THE DISCUSSIONS IN THE WTO ON TRADE AND  
TRANSFER OF TECHNOLOGY  
COMMUNICATION FROM  NAMIBIA, ON BEHALF OF THE AFRICA GROUP    
The following communication, dated 3 July 2023, is being circulated at the request of Namibia, on 
behalf of the Africa Group.  
 
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1  INTRODUCTION  
1.1.  This contribution  is submitted as a follow -up to the Africa Group submission tabled in the 
General  Council held on 8 -9 March 2023 titled "Policy space for industrial development  - a case for 
rebalancing trade rules to promote industrialisation and to address emerging challenges such as 
climate change, concentration of production and digital industriali sation " (WT/GC/W/868, 
G/C/W/825 , WT/COMTD/W/270, IP/C/W/695 , WT/WGTTT/W/33 ). It is a contribution to the 
discussions and negotiations towards the reform of the WTO agreed by Ministers at MC12 . 
1.2.  At the Fourth WTO Ministerial Conference in Doha in November 20 01, Ministers 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."1 
1.3.   The discussions on the relationship between trade and transfer of technology highlighted that 
"technology and technical know -how were essential for improving productivity, promoting growth, 
and attaining the development aspirations of less developed Members; and, that technology transfer 
can be an important tool to narrow the technological gap between developed and developing 
countries, and for integrating developing countries into th e multilateral trading system. "2 
1.4.   Over the years, a broad set of themes have emerged, some of which are cross -cutting in the 
WTO. Currently, the global economy is grappling with the polycrisis of inter alia, the COVID -19 
pandemic, food insecurity, climate  change, slow and unequal economic growth, and a widening of 
the digital divide. As pointed out in the Africa Group submission in WT/GC/W/868, various factors 
have hampered global recovery including geopolitical volatility exacerbated by unilateral 
protect ionist measures by major industrialised economies.  
1.5.   As part of the broader discussion on the need to channel the potential of WTO rules foster 
industrial development, and build resilience Members can benefit from a reinvigoration of the 
discussions on trad e and transfer of technology across multiple WTO bodies including the Working 
Group on Trade and Transfer of Technology (Working Group) with a view to developing [possible] 
recommendations.  
 
1 Paragraph 37 of document WT/MIN(01)/DEC/1.  
2 Report  (2021) of the Working Group on Trade and Transfer of Technology to the General Council . WT/WGTTT/W/34  
 
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  2  OBJECTIVE  
2.1.  The reinvigoration of the discussions would be centered  around the below -mentioned themes 
that are related to the issue of trade and transfer of technology. Every theme will be thoroughly 
analyzed and discussed among Members in the relevant WTO bodies, with the objective of 
developing clear recommendations for  Trade Ministers to consider for adoption at the WTO MC13. 
Issue or Agreement -specific written submissions will be tabled in the relevant WTO bodies to 
complement this paper.  
3  THEMATIC DISCUSSIONS ON THE ROLE OF TRANSFER OF TECHNOLOGY  
3.1.  WTO rules on the transfer of technology are relevant in the context of the TRIPS Agreement . 
The COVID -19 pandemic is the latest illustration of how WTO rules and the so -called flexibilities in 
the TRIPS Agreement have hampered Members’ ability to respond r easonably to the multiple crises 
that ensued. It has also prompted a deeper reflection on the utility of the TRIPS Agreement vis -à-
vis the manufacturing capacity of developing and least developed countries notably in the 
pharmaceutical and industrial secto rs.  The reinvigoration of discussions in the TRIPS Council would 
delve deeper into the relationship between the promotion and dissemination of technology in way 
that benefits both its producers and users.  
3.2.  The role that digital technologies play in trade facilitation  reform is an area of growing 
interest to WTO Members. This paves the way for deeper reflections on the effects of digital 
technologies on the composition of trade especially in developing and least developed countries. 
Discussions will also ex amine how intellectual property protections together with other institutional 
and regulatory determinants could affect the smooth transfer and diffusion of technology to 
developing countries, including least developed countries.  
3.3.  In the midst of the polycr isis, the transfer of technology is fundamental when considering how 
to build agricultural resilience  to withstand, amongst others, the food security emergencies. In 
some parts of the world, technological developments including hybrid seed, fertilizers, pe sticides, 
mechanical improvements, etc. have revolutionized agricultural trade. This has been done with 
important State interventions including strong institutional frameworks and research programmes 
to facilitate technology adaptation and adoption. Develo ping and least developed countries will 
greatly benefit from an in -depth discussion on the role that international and regional Agriculture 
research centers play in promoting and disseminating technology, how products and technologies 
are developed (inputs , production, harvest, etc), as well as considering a range of issues relating to 
water management, nitrogen and food waste reductions, etc.  
3.4.  WTO Members will greatly benefit from resetting the climate change  narrative in the WTO to 
an assessment of the ap plication of existing WTO rules on technology transfer for diffusion of climate 
change technologies, including compulsory licensing. In light of existing international fora and 
environmental law principles, discussions in the WTO could focus on how to buil d deeper coherence 
and coordination to support existing mechanisms and frameworks.  
3.5.  The 1998 Work Programme on Electronic Commerce provides a broad framework for discussion 
on an area of extreme importance i.e., the safety and cybersecurity of hardware and  software 
systems through Source Code . These discussions will assess the policy and legal considerations of 
balancing accessibility to source codes in the context of a secure, transparent and trusted technology 
environment.  
4  MODALITIES FOR DISCUSSIONS  
4.1.  The themes could be designed on the basis of the following parameters:  
a. Analyzing the relationship between transfer of technology and economic development. 
This may include but not limited to:  
i. Assessing the role of technology transfer in increasing production a nd in enhancing 
agriculture productivity and in developing and least developed countries.  WT/WGTTT/W/34  
 
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  ii. Assessing the role of Transfer of Technology as a means to enhancing industrial 
development and in diversifying their economies to better integrate into the regional 
and global value chains, including in the green economy.  
b. Assessing the use of Information and Communications Technology (ICT) to promote 
technology transfer.  
c. Assessing the role of the "flexibilities " contained in the TRIPS agreement to promote 
technology t ransfer in areas relevant to pharmaceuticals and medical applications, 
treatments, medicines, diagnostics, therapeutics, biodiversity.  
d.  Assessing the role of the "flexibilities " contained in the TRIPS agreement to promote 
technology transfer in areas relev ant to climate change mitigation, decarbonization or 
green industrialization technologies, digitalization.  
e. Assessing the role of technical assistance and capacity building programs offered or 
granted by donors to developing and least developed countries, i ncluding an examination 
of technology transfer flows.  
f. Identification and assessment of incentives provided by developed countries, by virtue of 
their national regulations, to their enterprises and institutions to promote and encourage 
technology transfer t o developing countries and in particular to LDCs (Article 66.2).  
g. How to best enable MSMES especially in developing and least developed countries to 
benefit from various technology transfer tools, instruments, agreements, and platforms?  
h. Assessing the effect s of the introduction of patents on prices and welfare in developing 
and least developed countries (the case of pharmaceuticals and therapeutics).  
5  EXPERIENCE -SHARING  
5.1.  Members should be encouraged to share their domestic experiences on trade and transfer o f 
technology in the Working Group and in other relevant WTO bodies on initiatives and programs 
Members have undertaken to promote the generation, management and transfer of technology.  
5.2.  Members may consider the possibility of exchanging information and best practices within their 
national laws and regulations relevant to IP protection, trade facilitation and their relevance to the 
issue of technology transfer. This may include exchanging information on procedures related to the 
acquisitio n and maintenance of IPRs, particularly concerning how applications for IP protection are 
administered. Members may also share information on their methods of implementing the provisions 
of the TRIPS agreement within their own legal systems and practices, insofar as transfer of 
technology is concerned.  
6  COLLABORATION WITH INTERNATIONAL ORGANISATIONS  
6.1.   For the purposes of the reinvigoration of the work, the analysis of the relationship between 
trade and transfer of technology may proceed on the basis of work carried out by, among others, 
the World Intellectual Property Organization (WIPO)3, the Food and Agriculture Organization (FAO) 
through the Platform for the Co -Development and Transfer of Technologies4, and the World Bank. 
The Working Group should benefi t from and, to the extent practical, take the academic perspective 
 
3 https://www.wipo.int/patents/en/technology/#:~:text=WIPO%20supports%20mutually -
beneficial%20technology%20transfer%20through%2 0patent%20information,WIPO%20Committees%2C%20p
ublic-private%20partnerships%20and%20dispute%20resolution%20services ., WIPO supports mutually -
beneficial technology transfer through patent information services, innovation support programs and tools, 
projects and activities by WIPO Committees, public -private partnerships and dispute resolution services. We 
also organize knowledge transfer -related activities, including capacity building and training on transfer of 
technology”.  
4 https://www.fao.org/plant -treaty/tools/transfer -of-technologies/en/ , the Platform was established as a 
direct follow -up of the  Rio Six -point Action Plan for the International Treaty  adopted in 2012 at 
the Second  High-Level Round Table of the Treaty , on the occasion of the United Nations Conference on 
Sustainable Development .  WT/WGTTT/W/34  
 
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  on the relationship between trade and transfer of technology on board as we proceed with our 
discussions.  
6.2.  Upon invitation, relevant international organizations may be called upon to contri bute to the 
discussions leading up to the possible recommendations for the future, more specifically, the possible 
outcome of MC13 on trade and transfer of technology to face global challenges in particular those 
related to building resilience to face pand emics, food insecurity, climate change and more generally, 
bridging the technological and digital divides between members and regions.  
7  ROLE OF AND COLLABORATION AMONG STAKEHOLDERS  
7.1.  Most of the primary research is carried out by  academic institutions or through public -private 
initiatives that are later owned commercialized by corporations. These stakeholders among others   
could be called upon to share their reflections on the issue at hand and explain how they would take 
the issue of technology transfer on board while conducting their businesses.  
7.2.  These inputs and presentations could then inform the Working Group and other relevant WTO 
bodies on the practices that the private sector employ to transfer and/or to diffuse technology 
especially to companies in developing countries. The practices that could be investigated in this 
regard may include issues and practices pertaining to granting and usage of patent rights, 
Technology License Agreements, Voluntary Licensing/Agreements, and other relevant issues.  
7.3.  A deeper assessment is required to understand the role of the various tools and instruments 
used, both at the official "Gov. to Gov. " as well as among non -state actors (including resear ch 
institutes, Universities), in the domain of technology transfer. This assessment should cover the 
pattern and trend of the relevant tools, including, Licensed Technology, Licensor Technology, 
Research License, and Product Technology. Upon invitation, re levant external stakeholders may be 
invited to engage to clarify and explain their practices on issues of relevance to technology transfer. 
The purpose is to assess and determine the role and contribution of those tools in technology transfer 
among and wit hin public research institutes.  
8  WAY FORWARD  
8.1.  It is proposed that the reinvigoration of work on trade and transfer of technology commence 
as soon as possible in the Working Group and other relevant WTO bodies. This communication 
compliments WT/GC/W/868 on po licy Space for industrial development  and will be supported by a 
number of issue -specific submissions tabled in the relevant competent bodies to ensure that a 
holistic examination is carried out.  
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