IP/C/W/646/Add.6  
 
3 Decemb er 2018 
(18-7620) Page: 1/10 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
REPORT ON THE IMPLEM ENTATION OF ARTICLE 66.2 
OF THE TRIPS AGREEME NT 
NEW  ZEALAND  
Addendum  
The following communication, dated 7 November  2018, from the delegation of New Zealand, is being  
circulated pursuant to paragraph 1 of the Decision on Implementation of Article 66.2 of the TRIPS 
Agreement (IP/C/28).  
 
_______________  
 
 
1.  This submission provides an updated report on New Zealand 's activities in pursuit of 
commitments under Article 66.2 o f the TRIPS Agreement concerning technology transfer to least 
developed countries (LDCs) for the period July 2017 - June 2018 and actions planned.  
2.  Article 66.2 of the TRIPS Agreement provides that "developed country Members shall provide 
incentives to ente rprises and institutions in their territories for the purpose of promoting and 
encouraging technology transfer to least developed country Members in order to enable them to 
create a sound and viable technological base ".  
3.  Technology transfer is interpreted in this report broadly to include training, education and 
"know -how", along with any capital component. We see four ke y modes of technology transfer:  i) 
physical objects or equipment; ii) skills and human aspects of technology management and learning; 
iii) designs and blueprints which constitute the document -embodied knowledge on information and 
technology; and iv) production arrangement linkages within which technology is operated.  
4.  We appreciate that LDC Members have an interest in learning more about the outcomes and 
operation of Members ' technology transfer programmes. As an annex to this report we have included 
a table of specific examples of technology transfer to LDCs. The table is in response to comments 
by LDCs wanting the adoption of a more standard ised format of reporting.  
1  OVERVIEW OF INCENTIV ES, TYPES OF TECHNOL OGY AND THE MODES OF  TECHNOLOGY 
TRANSFER  
5.  New Zealand 's efforts to encourage technology transfer to LDCs occur through a variety of 
channels: promoting a broad economic environment that is conducive to the development of New 
Zealand enterprises and institutions and enables them to transfer technology abroad; encouraging 
trade in goods, services and labour mobility; facilitating a strong intellectual property environment; 
as well as through N ew Zealand 's bilateral and re gional development programmes. Though New 
Zealand recogni zes that the most relevant and cost -effective technologies may come from other 
countries (consistent with untied aid).   
6.  A key channel for promoting technology transfer f rom New Zealand to LDCs is through the New 
Zealand Aid Programme, managed by the Ministry of Fo reign Affairs and Trade (MFAT).  MFAT views 
technology transfer as a fundamental element in achieving its overall objective of investing money, IP/C/W/646/Add.6  
 
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  knowledge and skil ls to deliver sustainable development and poverty reduction in developing 
countries.  
7.  Due to New Zealand 's history, culture and location, the primary geographical focus of the New 
Zealand Aid Programme is the Pa cific and key partners in Asia.  The LDCs with which New Zealand 
has bilateral or targeted regional programmes are: Solomon Islands, Vanuatu, Cambodia, Laos, 
Myanmar and Afghanistan (all of whom are LDC WTO Members or Observers), and Ethiopia, Kiribati, 
Tuvalu, and Timor Leste (non -WTO M ember activities are not the focus of this report).   
8.  The New Zealand Aid Programme has 12 investment priorities that reflect key development 
opportunities in our partner countries and draw on New Zealand 's strengths. These include two 
flagship priorities – renewable energy and agriculture – where New Zealand can offer specialist 
expertise. The other priorities including key productive sectors (fisheries and tourism), enabling 
infrastructure (ICT connectivity and transport), human development (health and ed ucation), along 
with economic governance, trade and labour mobility, law and justice and humanitarian response.  
9.  The New Zealand Aid Programme 's bilateral and regional programmes provide technology 
transfer through training, skill development, and technolog y infrast ructure. This report offers a series 
of illustrative examples of bilateral and regional development activities that result in a transfer of 
technology to LDCs. The information provided is based on the reporting criteria agreed by the TRIPS 
Council  in February 2003.  
10.  Any relevant activities of multilateral agencies that New Zealand provides core funding to are  
not reflected in this report. All figures quoted are in New Zealand dollars.  
2  ODA ACTIVITIES PROVI DING TECHNOLOGY TRAN SFER TO LDCS  
2.1  EXAMPLES OF  BILATERAL PROGRAMMES WITH LDCs  
11.  As the New Zealand Aid Programme evolves over time, different elements of te chnology transfer 
will feature.  The following are some current examples from bilateral programmes with a number of 
LDC WTO Member Countries.    
2.1.1   Vanu atu  
12.  New Zealand, the Government of Vanuatu and the World Bank have partnered on the Vanuatu 
Rural Electrification Project to deliver affordable renewable energy to people in rural areas. New 
Zealand committed $6m over six  years (2014 -2020) through the Pac ific Regional Infrastructure 
Facility for Phase One to subsidise low -maintenance solar photovoltaic 'plug and play ' systems for 
approximately 17,500 households, in addition to 230 health posts and 2,000 not -for-profit 
community halls. To date 900 household s (4,500 people) and 50 community facilities have been 
electrified across 30 islands. In 2017 New Zealand committed $7m to the Phase Two scale -up that 
will provide five mini -grids for five off -grid communities reaching 8,950 households (approx. 44,750 
people) by 2021, acting as important pilots for future mini -grid developments in Vanuatu.  
2.1.2   Afghanistan  
13.  New Zealand has been supporting the development of renewable energy in Afghanistan, through 
the six years, $19 million Renewable Energy Programme (REP), which  concluded recently in 2018. 
This activity supported economic development in the Bamyan Province through the electrification of 
Bamyan Town, through the installation of a 1MW solar power system (four modular PV systems) and 
distribution network for 2,500 h ouseholds, businesses and provincial government offices. This has 
created a 24 hour -a-day, reliable and affordable renewable energy supply to support economic and 
social development in Afghanistan.  
14.  New Zealand 's Agricultural Support Programme II in Afghan istan, which was recently completed 
in 2018, was a four year, $3.5m activity that provided training and mentoring to agricultural 
coope ratives and small businesses in  Yakawlang and Panjab districts of Bamyan Province to improve 
practices in beekeeping and honey production. Extension Officers (EOs) also conducted 817 
individual farm visits (629 ASP farmers/ 188 non -ASP farmers), undertaking monitoring of winter IP/C/W/646/Add.6  
 
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  wheat sowing and providing on -site advice to farmers. The project has contributed to higher honey 
production volumes and increased commercial income among small agricultural businesses.  
2.1.3   Myanmar  
15.  New Zealand invests in a five year, $12m Rakhine Winter Crops Project to improve farm 
incomes, water management and crop diversification, specifically in relation to winter crops in 
Myanmar 's Rakhine State.  
16.  New Zealand is also supporting the Myanmar Dairy Excellence Project, which is a five year, 
$6.9m project to improve Myanmar 's dairy industry. The project, which is now in Phase 2, seeks to 
improve the q uality and quantity of milk produced in three regions by introducing new types of 
forage and pasture management, animal and farm management techniques, and protocols for the 
safe and hygienic collection, transportation and process ing of milk and milk produ cts. The project 
has included visits by farmers and Ministry of Agriculture, Livestock and Irrigation officials to New 
Zealand to study farming and cheese -making practices, and includes input from a range of New 
Zealand organisations.  
2.2  EXAMPLES FROM REGIONA L PROGRAMMES  
17.  New Zealand provides LDCs with technology transfer and assistance to encourage investment 
through various r egional assistance programmes. In some cases it is difficult to separate expenditure 
specifically provided to LDC Members, although it i s clear that LDC Members within these regions 
benefit from these programmes.  
2.2.1   Pacific Economic and Trade -related Activities  
18.  Sound economic management and appropriate policies (e.g. ICT regulation) are critical to 
encourage technology t ransfer, trade and inv estment. The New Zealand Aid Programme provides 
funding to various regional organisations that provide economic advice, capacity building, or support 
the development of trade or investment:  
a. The Pacific Islands Financial Technical Assistance Centre (PFTAC) supports Pacific Island 
Countries to improve economic management through the provision of technical advice and 
practical support in public financial management, banking regulation, tax administration, 
macroeconomic management and National Accounts, and in coordinating donor efforts in 
these areas.  New Zealand has committed $12m for the current five -year cycle of PFTAC 
through to June 2020;  and 
b. The Pacific Trade & Invest (PTI) office in Auckland aims to enhance trade, investment and 
tourism opportunities fo r Pacific Island businesses. New Zealand contributes NZ$1.1m per 
year to the operation of PTI.   
19.  The New Zealand Aid Programme supports the development and utilisation of quality trade 
statistics in the Pacific through funding PC Trade. PC Trade is a compu ter based software system 
designed by Statistics New Zealand that provides Pacific Island Countries, including several LDCs 
with a customised, fit for purpose system for collecting trade data and producing trade reports. The 
system supports a variety of fu nctions including processing customs declarations and manifests, 
managing levies, tariffs and excise d uties, applying selected higher -level World Customs 
Organisation codes, and retaining a record of transactions at the border. From this data, simple 
repor ts can be generated that are then used to evaluate economic progress and inform decision 
making. In -country training and a help desk support service is also provided as part of this 
programme.   
2.2.2   Pacific Environmental Activities  
20.  The New Zealand Ministry of Foreign Affairs and Trade provides financial support to the 
Secretariat of the Pacific Regional Environment Programme (SPREP) ($4.6m over three years 
2016-2018). SPREP in turn provides technical advice, programme support and capacity building 
assistance to  Pacific island countries and territories in the areas of biodiversity and ecosystem 
management, climate change, ocean acidification, waste management and pollution control, and IP/C/W/646/Add.6  
 
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  environmental monitoring and governance, and accordingly promotes the transfer  of knowledge into 
the region.  
2.2.3   Recogniz ed Seasonal Employer (RSE) Scheme  
21.  The Recogni zed Seasonal Employer (RSE) scheme enables New Zealand employers in the 
horticulture and viticulture industries to recruit migrant seasonal workers, primarily from the Paci fic.  
The purpose of the scheme is to provide New Zealand employers with a reliable source of seasonal 
labour and to provide Pacific workers with income  and employment opportunities. While RSE workers 
are in New Zealand they also have the opportunity to  up-skill and undertake a variety of training 
courses.   
22.  Since 2007, 86,200 seasonal work visas have been issued under the scheme. Of that, just under 
40,000 RSE visas have been issued to workers from LDCs in the Pacific (Kiribati, Solomon Islands, 
Tuvalu and Vanuatu).  
23.  The New Zealand Aid Programme provides significant financial support to facilitate the scheme, 
including:  
a. A training programme for RSE workers in English language, financial literacy and life skills 
for new entrants to the scheme as well as m ore advanced training, for example, in basic 
trades, small business and leadership for more experienced workers. The programme has 
provided training to about 7,500 workers over seven years (2012 - present).  
b. Technical assistance delivered by the New Zealand  Ministry of Business, Innovation and 
Employment to build the capacity of Pacific governments to recruit and manage the supply 
of labour for New Zealand 's horticulture and viticulture industries under the scheme.  
2.3  EXAMPLES FROM GLOBAL PROGRAMMES  
2.3.1   New Zealand  Scholarships  
24.  The New Zealand Aid Programme provides scholarships to citizens of targeted developing and 
least developed countries to undertake vocational training or tertiary level study in New Zealand, 
the Pacific region or in South East Asia. During 20 17/18 about 1900 students from developing and 
least developed countries were studying on New Zealand Scholarships, with funding totalling 
approximately $79.3m.   
25.  New Zealand Scholarships enhance the skills, training and knowledge of the recipients so that 
they can assist in the social and economic development of their home countries. Scholarships are 
offered only for training and qualifications in subjects and skills which are relevant to the identified 
human resource development needs and priorities of eac h country.  
3  OTHER NEW ZEALAND PR OGRAMMES WITH A TECH NOLOGY TRANSFER COMP ONENT   
3.1  Intellectual Property  
26.  The Intellectual Property Office of New Zealand (IPONZ) provides on -going technical assistance, 
on request, to help developing and least developed countrie s on issues relating to the registration 
of intellectual property rights, including plant variety rights (see Articl e 67 Report). IPONZ is 
recogniz ed for its efficient and effective online services, high quality examination and registration 
processes. As a  result IPONZ hosts delegations and study visits to provide practical training and 
share knowledge.  
27.  This year IPONZ hosted a delegate from the Samoan Ministry of Commerce, Industry and Labour 
with an interest in building capability and knowledge about onli ne systems. IPONZ provided 
information and training on its 100 per cent online model for examining, registering and managing 
intellectual property rights.  
28.  An IPONZ representative from the Plant Variety Rights Office delivered a series of lectures on 
Distin ctiveness, Uniformity and Stability (DUS) Testing as part of a training programme for IP/C/W/646/Add.6  
 
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  developing countries organised by the Korean International Cooperation Agency (KOICA) and the 
Korean Seeds Variety Services (KSVS). Participating students were from Peru,  Moldova, Guatemala, 
Philippines, Ghana and Sudan.   
29.  The PVR team hosted a delegation from the Chinese Academy of Forestry and exchanged 
technical experience for the variety testing of forest tree and other ornamental plant species. The 
PVR team also hoste d a staff member from Naktuinbouw (Dutch Variety Testing Organisation) and 
shared information for variety testing of ornamental and fruit species.  
30.  On two separate occasions an IPONZ representative was a tutor for sessions of the UPOV 
distance learning pro gramme with students from East and South East Asian states.  
31.  The Agreement establishing the ASEAN -Australia -New Zealand Free Trade Area (AANZFTA) has 
an intellectual property committee, where parties exchange information on intellectual property 
issues and coordinate capacity building and technical assistance  programmes within the region. This 
year New Zealand co -chaired the AANZFTA Intellectual Property Committee meeting in Brunei and 
attended a leads -level meeting of the Intellectual Property Committee.   
3.2  AANZFTA Economic Cooperation Support Programme  
32.  AANZFTA mandates a programme of technical assistance activities known as the AANZFTA 
Economic Cooperation Support Programme (AECSP). The AECSP is jointly funded by Australia and 
New Zealand. Between 2010 and 20 15, it had an overall budget of AUD$20 to $25 million. As of 
July 2018, 74 projects had been initiated across the eight different components of the economic 
cooperation work programme, with 52 being completed as of April 2018.  
33.  Projects funded by the AECSP  are availabl e to all ten ASEAN Member S tates, including three 
LDCs: Cambodia, Lao PDR and Myanmar. The aim of the AECSP is to facilitate AANZFTA 
implementation; progress built -in agenda negotiations; achieve deeper economic integration among 
the parties; and increase business utilisation of AANZFTA.  
34.  In 2018 New Zealand recommitted to funding this programme until 31 December 2021. During 
the period July 2016 - June 2018, numerous AECSP projects promoted technology transfer, 
particularly the transfer of skil ls and human aspects of technology management and learning. Some 
examples of projects involving Cambodia, Lao PDR and Myanmar include:  
• The extension of support to a number of projects focused on intellectual property in 2018, 
including for "IP Public Education and Awareness " and "Regional Patent Examination 
Training (RPET) Mentoring "; 
• OECD Investment Policy Reviews for Cambodia, Lao PDR and Myanmar (ongoing);  
• Technical workshops across a range of areas of the Agreement, including sanitary and 
phyto -sanitary measures, competition law and qualifications recognition;  
• Phase 3 of the "Accession to the Madrid Protocol Project "; and  
• Further secondments of officials from Myanmar to the New Zealand Commerce 
Commission under the Competition Law Implementation Pro gramme.   
  IP/C/W/646/Add.6  
 
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The following chart presents some examples of activities undertaken by  the New Zealand Aid Programme.  It is not an exhaustive list of activities but 
rather serves to provide examples of the institutions and enterprises that transfer physical capital and goods, know -how, information, and data to LDCs.  
This chart has been developed to show certain criteria  as requested by LDCs at the October 2011 Workshop on Article 66.2  TRIPS . 
 
NEW  ZEALAND: EXAMPLES OF TECHNOLOGY TRANSFER PROGRAMMES AND PROJECTS  
NZ BILATERAL PROGRAMMES: Vanuatu  
Title of project/programme  Vanuatu Rural Electrification Project (VREP 
Phase I)  Vanuatu Water and Sanitation  
Policy objective/purpose  To deliver affordable renewable energy to people in 
rural areas  To improve the water and sanitation infrastructure in 
Vanuatu  
Partner Government agencies and others eligible 
for tech transfer  Department of Energy, Ministry of Climate Change 
Meteorology and Energy.  Department of Geology, Mines and Water  
Enterprises or other institutions providing tech 
transfer  Pacific Regional Infrastructure Facility, World Bank  UNICEF  
Targeted LDC Members  Vanuatu Vanuatu  
Types of incentives measures for tech transfer  Subsidies, technical assistance  Technical assistance and capability building  
Field or sector of tech transfer activities  Renewable energy  Water and Sanitation, Information Management  
Type of technology transferred  Low maintenance solar photovoltaic 'plug and play ' 
systems, technical assistance to prepare 
Environmental Code of Practice and operations 
manuals  Mobile data collection platform for water source 
mapping  
(Akvo Flow).  
The provision of technical assistance and capability 
building  
Expected output related to tech transfer  New solar 'plug and play ' systems for 17,500 
households, 230 health posts and 2,000 not -for profit 
community halls in rural areas  Information management systems establis hed to 
support prioritisation and development of water and 
sanitation.  
Technical assistance in the Department of Geology, 
Mines and Water.  
                                                
1 In English  and French  only.  
  IP/C/W/646/Add.6  
 
- 7 - Title of project/programme  Vanuatu Rural Electrification Project (VREP 
Phase I)  Vanuatu Water and Sanitation  
Outcomes/ impact  Increased access to affordable renewable energy in 
rural areas  Vanuatu 's water and sanitation stren gthened through 
more effective information management systems and 
technical assistance  
Budget or funds allocated (NZD$)  $6m $5m 
Duration  2014-2020 2013-2017 
Status  Project on -going  Project on -going  
Contact point for information  New Zealand Ministry of Foreign Affairs and Trade 
(MFAT)  New Zealand Ministry of Foreign Affairs and Trade 
(MFAT)  
 
NZ BILATERAL PROGRAMMES: Afghanistan  
Title of project/programme  Afghanistan  Renewable Energy Programme Capability Building and 
Technical Support Programme  
Policy objective/purpose  To promote opportunities for economic development in Bamyan province through 
the long -tern electrification of Bamyan Town.  
Partner Government agencies and others eligible for tech transfer  Afghan government (district and provincial), bus inesses, people living and working 
in Bamyan town.  
Enterprises or other institutions providing tech transfer  New Zealand companies  
Targeted LDC Members  Afghanistan  
Types of incentives measures for tech transfer  Infrastructure; capability building through technical assistance.  
Field or sector of tech transfer activities  Energy  
Type of technology transferred  Infrastructure; Capability building through technical assistance.  
Expected output related to tech transfer  Ongoing operation of the New  Zeala nd constructed 1MW system (4  modular PV 
systems) and distribution network through capability building of the local energy 
utility company responsible for operating, maintaining and managing the system.  
Outcomes/ impact  Increased commercial activity for bu sinesses.  
Improved functioning of provincial and district government.  
Improved quality of home life, including the benefits of lighting, modern 
communication and computer technology.  
Budget or funds allocated (NZD$)  $25m   
  IP/C/W/646/Add.6  
 
- 8 - Title of project/programme  Afghanistan  Renewable Energy Programme Capability Building and 
Technical Support Programme  
Duration  2011-2017 
Status  Project on -going  
Contact point for information  New Zealand Ministry of Foreign Affairs and Trade (MFAT)  
 
NZ REGIONAL PROGRAMMES: Pacific  
Title of project/programme  Pacific Financial Technical Assistance Centre 
(PFTAC)  PC Trade Programme  
Policy objective/purpose  Improved economic management leading to 
sustainable economic growth across the Pacific Islands  Supporting production of trade statistics by PICs  
Partner Government agencies and others eligible 
for tech transfer  Government departments inc luding Treasury, 
Revenue and Customs  Pacific Customs Departments and Pacific National 
Statistics Offices  
Enterprises or other institutions providing tech 
transfer  PFTAC  Statistics New Zealand  
Targeted LDC Members  Pacific Regional (including Timor -Leste)  Tuvalu, Kiribati  
Types of incentives measures for tech transfer  Capacity building through technical assistance and 
training.  Capability building through technical assistance  
Field or sector of tech transfer activities  Public Financial Management  
Revenu e policy and administration  
Economic statistics  
Financial sector supervision  
Macro -economic management  Production and utilisation of trade statistics  
Type of technology transferred  The provision of technical advice and practical support 
in public financial management, banking regulation, 
tax administration, macroeconomic management and 
National Accounts, and in coordinating donor efforts in 
these areas.  Trade statistics database, The provision of technical 
assistance and capability building  
Expect ed output related to tech transfer  Technical advice and capacity building delivered 
through advisory missions.  
On-demand remote advice (email, phone)  
Manuals & guidance notes on key issues.  Design and installation of New  Zealand -designed 
customs database and software replacement  
Technical assistance and training for helpdesk services   
  IP/C/W/646/Add.6  
 
- 9 - Title of project/programme  Pacific Financial Technical Assistance Centre 
(PFTAC)  PC Trade Programme  
Regional and sub regional training courses and 
seminars  
Outcomes/ impact  Improved economic management in the Pacific region 
through the provision of technical advice and capacity 
building to Pacific Island countries, in key areas of 
public sector financial management.  Improved quality and timeliness of trade statistics in 
Pacific will support better planning, decision -making, 
and evidence -based policy making. It will also provide 
a stronger evidence base to track effective aid and 
development results.  
Budget or funds allocated (NZD$)  $12m  $140k p.a.  
Duration  2015-2020 2004-2017 
Status  Project on -going  Project on -going  
Contact point for information  http://www.pftac.org/  International and Business Performance Statistics, 
Statistics New Zealand  
 
 
Title of project/programme  Strengthening Pacific Labour Mobility 
Partnerships: Toso Vaka o Manū  Recogni zed Seasonal Employer Worker Training 
Programme  
Policy objective/purpose  Increased economic benefits from labour mobility in 
the Pacific  Increased economic benefits from labour mobility in 
the Pacific  
Partner Government agencies and others eligible 
for tech transfer  Government Departments, community leaders and 
Pacific groups  Pacific seasonal workers employed in New Zealand  
Enterprises or other institutions providing tech 
transfer  New Zealand Ministry of Business, Innovation and 
Employment  Private sector training provider  
Targeted LDC Members  Solomon Islands, Vanuatu, Kiribati, Tuvalu  Solomon Islands, Vanuatu, Kiribati, Tuvalu  
Types of incentives measures for tech transfer  Capacity building through technical assistance and 
training  NZ-based work experience and tr aining programme  
Field or sector of tech transfer activities  Information management; processes; communication 
and marketing;  
horticulture  Horticulture, and viticulture work experience; training 
in literacy, English language, finance, ICT, basic trades  
Type of technology transferred  The provision of training and technical advice in 
information management, processes, knowledge, 
communication and marketing.  Training and knowledge building.   
  IP/C/W/646/Add.6  
 
- 10 - Title of project/programme  Strengthening Pacific Labour Mobility 
Partnerships: Toso Vaka o Manū  Recogni zed Seasonal Employer Worker Training 
Programme  
Expected output related to tech transfer  Training, workshops and secondments to New Zealand 
for Government representatives, community leaders 
and groups. The focus will be on information 
management, processes, knowledge, communication 
and marketing.  20-hours course time per worker per season.  
Outcomes/ impact  Improveme nt in the management and coordination of 
labour mobility initiatives and improved horticulture 
skills and practices.  Improved workplace skills and confidence, increased 
remittances to the Pacific.  
Budget or funds allocated (NZD$)  $9.9m in total for nine P acific Island countries  $5m in total for Pacific Island countries  
Duration  2017-2022 2011-2017 
Status  Project on -going  Project on -going  
Contact point for information  https://www.mfat.govt.nz/en/aid -and-
development/our -work-in-the-pacific/regional -
initiatives/  http://www.fruition.net.nz/we -
offer/training/#vakameasina  
 
 
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