WORLD TRADE  
ORGANIZATION  IP/C/W/536/Add.1 
12 October 2009 
 
 (09-4956) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
REPORT ON THE IMPLEMENTATION OF ARTICLE 66.2 
OF THE TRIPS AGREEMENT 
 
UNITED STATES 
 
Addendum  
 
 
 The following communication, dated 2 October 2009, from the Delegation of the United States is being circulated pursuant to paragraph 1 of the Decision on Implementation of 
Article 66.2 of the TRIPS Agreement.  
_______________ 
 
 I. INTRODUCTION 
1. The United States is committed to continually e nhancing its activities relevant to Article 66.2 
of the TRIPS Agreement, namely the provision of incentives to its domestic enterprises and 
institutions to promote and encourage technology transfer to Least Developed Country Members 
(LDCs) in order to enable such Members to create a sound and viable  technological base.  The United 
States is also constantly seeking to improve the quality of its reporting re garding actions taken or 
planned in connection with Article 66.2, in keep ing with the guidelines established in the TRIPS 
Council's Decision of 19 February 2003 on "Imp lementation of Article 66.2 of the TRIPS 
Agreement". 
2. In October 2006, the United States provide d the required triennial detailed report 
(IP/C/W/480/Add.6).  In October 2007, the Unite d States provided an updated report, which was 
intended to improve our reporting by focusing on technology transfer incentives of particular 
relevance to LDC Members, and by adding ne w elements, including a focus on incentives for 
technology transfer in the field of public health and on US tax incentives for private sector work in 
international development (IP/C/W/497/Add.5).  In  October 2008 we included new information on 
types of bilateral treaties and ag reements through which the US provides incentives to the private 
sector to engage in technology transfer to devel oping countries (IP/C/W/519/Add.3).  In this year's 
report we have included new information rega rding incentives related to Climate Change 
technologies. 
3. The intellectual property, trade capacity, trai ning, development assist ance, financing, and 
infrastructure-related programmes outlined in this re port are integral elements of the United States 
Government's efforts to help create the conditions essential to encouraging the effective transfer of 
technology to LDC Members.   
4. The United States continues to believe that th e effective functioning of Article 66.2 of the 
TRIPS Agreement relies on a robust dialogue betw een developed and LDC Members in order to IP/C/W/536/Add.1 
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  target incentives in a way that is most responsive to the self-identified technology transfer interests 
and needs of LDC Members.  The United States appr eciates the efforts of the TRIPS Secretariat and 
Member States to organize discussions among the Member States regarding the implementatiaon of 
Article 66.2. 
II. INCENTIVES RELATED TO CLIMATE CHANGE TECHNOLOGIES   
A. US
 ROLE IN ESTABLISHMENT OF THE CLEAN TECHNOLOGY FUND 
5. The Clean Technology Fund (CTF) is a multilatera l, multi-billion dollar effort to reduce the 
growth of greenhouse gas emissions in developing co untries by helping to finance the additional costs 
of deploying commercially-available cleaner  technologies over greenhouse gas producing, 
conventional alternatives.  The concessional C TF incentivizes cleaner projects that leverage 
development bank financing and attract new invest or capital into low carbon sectors.  To receive 
funding, eligible countries must develop credible na tional investment plans th at stimulate low carbon 
growth and the scalable uptake of clean technologies .  The United States led efforts to create the CTF 
with the United Kingdom and Japan.  Potential r ecipient countries have worked with other donor 
countries to garner international support of the C TF by tailoring specific LDC input from an end-user 
perspective. 
B. US DEPARTMENT OF AGRICULTURE 'S CLIMATE CHANGE TECHNOLOGY PROGRAM  
6. The US Department of Agriculture (USDA)  remains active in the Climate Change 
Technology Program (CCTP) and related efforts.  The Global Change Program Office, FS, NRCS, 
ARS, CSREES, Farm Services Agency, and Rural Development mission area support improved measurement and accounting of greenhouse gases from  agriculture, forestry, and grassland systems, 
as well as energy initiatives and renewable energy sy stems including biofuels and biomass-related 
research and development.  Thirteen USDA agencies ha ve been active in helping draft a strategic plan 
for USDA climate change science, and the plan's goals  related to effects, adaptation, mitigation, and 
decision support have undergone public review. In addition, N RCS and FS are developing new 
measurement technologies, analytical techniques, and information management systems related to 
spatial carbon distributions.  USDA continues to develop long-term data sets on land use, resource 
conditions, and climate through the National Resources Inventory, the Forest Inventory and Analysis 
Program, the Soil Climate Analysis Network, a nd the Snowpack Telemetry system to support 
understanding of climate-related changes in land r esources.  These networks provide critical data on 
the status and condition of land use in the United States in support of USGCRP research. 
III. INCENTIVES RELATED TO HEALTH TECHNOLOGIES:  US NATIONAL 
INSTITUTES OF HEALTH TECHNOLOGY TRANSFER AND CAPACITY 
BUILDING ACTIVITIES 
7. Biomedical and behavioural research funding activities of the National Institutes of Health 
(NIH), an agency within the US Department of Health and Human Services , have contributed to 
technology transfer and capacity building in sev eral LDCs.  These activities, which have been 
reported in previous versions of this report, ar e ongoing and continue to be a major part of the 
activities of the NIH.   
A. HIV/AIDS
 CLINICAL TRIALS NETWORKS AND CLINICAL TRIAL UNITS (CTU S) AND CLINICAL 
RESEARCH SITES (CRS S) 
8. The HIV/AIDS Clinical Trials Networks and their CTU/CRS will pursue clinical trials to 
address the highest priorities in HIV/AIDS res earch, including:  (1) vaccine research and 
development;  (2) translational research/drug devel opment;  (3) optimization of clinical management,  IP/C/W/536/Add.1 
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  including co-morbidities;  (4) microbicides;  (5) pr evention of mother-to-child transmission of HIV;  
and (6) prevention of HIV infection.  Collaborative research is carried out worldwide, including in Africa, Asia, Europe, South America, and the United States. 
B. M
ULTILATERAL INITIATIVE ON MALARIA (MIM)   
9. NIH, together with the Special Programme for Training and Research in Tropical Diseases 
(TDR) located at the World Health Organization,  co-founded the MIM in 1997 and has supported its 
activities in LDCs and elsewhere since then.  MIM's mission is to increase and enhance worldwide research on malaria by facilitating multinational r esearch cooperation.  NIH has also established 
malaria research facilities in Mali and Ghana and has trained local scientists a nd physicians to conduct 
malaria research from within endemic countries, including those in several LDCs in Africa. 
C. NIH
 INFECTIOUS DISEASE RESEARCH FOCUS IN AFRICA   
10. NIH supports and has funded research activities in 26 African countries, including the 
following WTO Member LDC countries in Africa:  Benin, Burkina Faso, Central African Republic, 
the Democratic Republic of the Congo, The Gambia, Madagascar, Ma lawi, Mali, Rwanda, Senegal, 
Tanzania, Uganda and Zambia.  These research act ivities contribute directly to the strengthening of 
research capacity in these countries, thereby enhancing prospects for further transfer of technology in 
the future. 
11. HIV/AIDS, TB, and malaria are three of the most serious global infectious diseases in Africa, 
causing millions of deaths each year.  These three diseases are a major cause of poverty through their 
debilitating impact on the active workforce, and significantly affect economic development and 
stability of the region.  NIH's National Institute of  Allergy and Infectious Diseases (NIAID) supports 
HIV/AIDS research in many African countries, with most projects conducted in areas with the highest 
incidence of infection and disease, namely Bots wana, Kenya, Malawi, Rwanda, South Africa, 
Zambia, and Zimbabwe.  The recent emergenc e of Multidrug-Resistant TB (MDR TB) and 
Extensively Drug-Resistant TB (XDR TB), especially in the context of HIV/AIDS infection, is being 
addressed by NIAID-funded projects conducted in Tan zania and Uganda, as well as in South Africa.  
Malaria remains a major threat, and NIAID conducts clinical, epidemiological, drug, and vaccine and 
vector research in African LD C countries such as Burkina Faso, Cameroon, The Gambia, Malawi, 
Mali, Senegal, Tanzania, and Uganda. 
12. Neglected diseases such as filariasis, schistoso miasis, sleeping sickness, and others are 
receiving renewed attention, with NIAID projects in  Malawi, as well as in Kenya and South Africa.  
NIAID supported a major pneumococcal vaccine trial in The Gambia that was 77 per cent effective in 
preventing pneumococcal infections caused by th e vaccine serotypes.  NIAID recently supported a 
clinical trial in Madagascar that demonstrated equi valence of azithromycin and benzathine penicillin 
(the current standard) for treatment of early syph ilis.  Almost all NIH supported research has helped 
not only in technology transfer to African LDCs but also in capacity building for researcher s so that 
they may better address infectious diseases endemic to their respective countries. 
D. NIH  RESEARCH TRAINING PROGRAMMES FOR LOW AND MIDDLE INCOME DEVELOPING 
COUNTRIES   
13. NIH's Fogarty International Center runs several research training programmes that include 
training for LDC biomedical researchers and rese arch institutions and contribute to technology 
transfer and capacity building in LDCs.  Among these are the AIDS International Training and Research Programme (AITRP), the Global Infec tious Disease Research Training Programme (GID), 
and the International Clinical, Operational and H ealth Services Research and Training Award for 
AIDS and Tuberculosis (ICOHRTA-AIDS/TB).  Th e AITRP programme includes researchers from IP/C/W/536/Add.1 
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  Bangladesh, Cambodia, Haiti, Lesotho, Malawi, Mo zambique, Rwanda, Senega l, Tanzania, Uganda, 
Zambia, and Zimbabwe.  The GID helps to tr ain researchers from Bangladesh, Tanzania, Mali, 
Malawi, Uganda, Cameroon, Cambodia, Senegal,  and Papua New Guinea, among others.  The 
ICOHRTA-AIDS/TB programme trai ns researchers from Haiti, Ug anda, and Zimbabwe and has 
provided funds for planning grants in Mala wi, Tanzania, and Botswana, and elsewhere. 
14. NIH's Fogarty International Center, along with 11 NIH Institutes and Offices, also supports a 
"Global Research Initiative Program for New Foreig n Investigators (GRIP)" that promotes productive 
re-entry of NIH-trained foreign investigators into their home countries as part of a broader programme 
to enhance the scientific research infrastructure in developing countries, to stimulate research on a 
wide variety of high priority health-related issues in these countries, and to advance NIH efforts to 
address health issues of global import.  This re verse "brain flight" initiative promotes capacity 
building by providing partial salaries to NIH-trained foreign researchers returning home and support for research projects.  The GRIP programme is divided into two components:  Behavioral and Social Science; and Basic Science.  The programme provides support for researchers from Brazil, Chile, 
Colombia, India, Kenya, Malawi, Pakistan, Peru, Sout h Africa, Tanzania, Uganda and other countries.   
E. T
ECHNOLOGY LICENSES  
15. The NIH has licensed technology and biological materials for producing dengue virus 
vaccines to Fundacao Butantan (Butantan) of Brazil.   Butantan intends to manufacture and distribute 
the dengue vaccine for Brazil as well as other Latin American countries, where dengue is endemic.  
NIH has licensed this same set of technologies a nd materials to The Company for Vaccine and 
Biological Production No.1 in Vietnam for the manufacture and distribution of a dengue virus 
vaccine. 
16. The NIH has licensed biological materials to Sh antha Biotechnics, Ltd. (India) for use in 
producing a haemophilus influenza type b (Hib) vaccine .  In addition to India, Shantha anticipates 
selling the Hib vaccines in developing world count ries, initially mostly through public tenders or 
tenders to UNICEF and WHO.  Shantha also licen sed technologies and associated biological materials 
for the manufacture and distribution of a human pa pillomavirus (HPV) vaccine worldwide, including 
GAVI-eligible countries.  Lastly, Shantha licensed biol ogical materials for use in the manufacture of a 
hepatitis A vaccine product for distribution wo rldwide, including GAVI-eligible countries. 
17. The NIH licensed to Serum Institute of India bi ological materials for use in the manufacture 
of a hepatitis A vaccine product for distribution worldwide, including GAVI-eligible countries. 
IV. INCENTIVES FOR US INVESTMENT IN AFRICA 
A. BILATERAL INVESTMENT TREATIES  
18. US Bilateral Investment Treaties (BITs) promote US investment in the economies of our 
partner countries by advancing impor tant reforms and encouraging the adoption of policies that 
facilitate and support foreign investment.  US BITs  establish a framework of reciprocal protections 
that include non-discriminatory treatment, free transf er of investment-related funds, prompt, adequate, 
and effective compensation in the event of an expr opriation, and transparency in governance.  These 
treaties provide incentives for US companies to en gage in FDI, joint ventures and other forms of 
investment in our partner countries that can lead to  the transfer of technology and know-how.  At the 
start of 2009, the United States had six BIT partners  in sub-Saharan Africa, four of whom are WTO 
LDC Members, including the Democratic Republic of  the Congo, Senegal, Rw anda and Mozambique.  
In addition, in August 2009, a BIT between the United States and Mauritius was launched.  IP/C/W/536/Add.1 
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  B. TRADE AND INVESTMENT FRAMEWORK AGREEMENTS  
19. US Trade and Investment Framework Agreements (TIFAs) help enhance trade and 
investment relations between the United States and ke y trade and investment partners.  Over the last 
ten years, the United States has launched twelve tr ade and investment agreements in sub-Saharan 
Africa – eight bilateral TIFAs with Angola, Ghana,  Nigeria, Liberia, Mauritius, Mozambique, South 
Africa and Rwanda; three regional TIFAs with the Common Market for Eastern and Southern Africa 
(COMESA), the East African Community (EAC),  and UEMOA (French acronym for the West 
African Economic and Monetary Union); and a  Trade, Investment, and Development Cooperative 
Agreement (TIDCA) with the five countries of the Southern African Customs Union (SACU).  
Together, these 12 agreements cover 19 WTO LD C Members (Angola, Benin, Burkina Faso, 
Burundi, Democratic Republic of Congo, Djibou ti, Guinea Bissau, Lesotho, Madagascar, Malawi, 
Mali, Mozambique, Niger, Rwanda, Senegal, Tan zania, Togo, Uganda and Zambia).  The United 
States is using TIFAs and the TIDCA with sub-Saharan African countries to encourage new trade and investment by implementing country- and region-specific strategies that promote trade and investment.  The United States also has bilateral TI FAs with three other LDCs:  Yemen, Afghanistan 
and Cambodia. 
C. O
VERSEAS PRIVATE INVESTMENT CORPORATION (OPIC)  PRIVATE EQUITY INVESTMENT 
FUNDS  
20. The Overseas Private Investment Corporation (OPIC) has as one of its top priorities 
increasing the flow of foreign direct investme nt to support economic development throughout the 
world's least developed countries.  OPIC supports  private equity investment funds and provides 
financing and political risk insurance to encourage US  investment in a variety of sectors vital to least 
developed country economic development, includi ng health care, housing, telecommunications, and 
small and medium-sized enterprises. In 2008, OPIC  announced up to US$250 million in financing to 
help South African banks expand their small bus iness lending across numerous southern African 
nations, and more than US$635 million in support for new investment funds that could leverage 
nearly double that amount for investments in ev ery region of the continent. These funds will 
encourage the growth of sectors critical to Africa' s ongoing development, including natural resources, 
energy, manufacturing, agriculture, transportati on, telecommunications, education and consumer 
goods. Several of the funds will also work to strengt hen Africa's capital markets, considered the final 
frontier of the continent's economic development. 
• Central African Republic:   In 2008 OPIC provided US$294,0 00 in additional political risk 
insurance to help the International Rescue Committee (IRC) carry out its humanitarian aid 
programs in the Central African Republic to improve health care, provide clean water and 
sanitation, and offer education for children and adolescents.  The new coverage in 2008 
expanded a successful relationship that began in  2005 with OPIC's offer of US$5 million in 
insurance for IRC humanitarian efforts not only in African nations, but in 21 countries worldwide. 
 
• Liberia:  In Liberia, a company named for a local term meaning "all of us" is using OPIC 
political risk insurance to support the nation' s continuing reconstruction following the 1989-
2003 civil war.  Nearly US$1 million in OPIC coverage will enable Kwaplah International 
Liberia, Inc., to rent vehicles and equipment to the Liberian government, non-governmental 
organizations, and development institutions.  The project is a tangible down payment on the 
vision articulated by President Ellen Johnson- Sirleaf, who told the nation in her 2006 
inaugural address that "we have the potentia l to promote a healthy economy in which 
Liberians and international investors can prosper." 
 IP/C/W/536/Add.1 
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  • Afghanistan:   In Afghanistan, the US nonprofit or ganization International Foundation of 
Hope is using OPIC political risk insurance to  support its poplar plantation and tree nursery, a 
vital resource for its tree-plan ting operations in the country, and for providing Afghan farmers 
valuable business opportunities and a viable altern ative to poppy cultivation, the source of the 
country's opium trade. 
 
V. US DEPARTMENT OF STATE PROGRAMMES 
A. S
CIENCE AND TECHNOLOGY AGREEMENTS  
21. Recognizing the importance of science-based re search in promoting economic growth and 
development, the United States establishes Science and Technolog y (S&T) cooperation agreements 
with developing countries.  S&T agreements build  science capacity and infrastructure and apply 
science, technology, and engineering to facilitate a developing country's inte gration into the global 
economy.  Areas covered by S&T agreements in clude:  basic research and science education, 
meteorology and weather forecasting, health scien ces and public health, watershed management, 
environment and biodiversity protection, energy an d alternative energy research and development, 
information and communications technology, a nd biotechnology.  An S&T agreement was signed 
between the United States and Bangladesh in Marc h 2003.  There have also been many bilateral 
technical agency agreements with countries throughout Africa on various topics including, for example, HIV/AIDs, infectious disease, seismic ac tivity, remote sensing, agriculture, environment, 
and energy. 
B. S
PECIAL SELF-HELP PROGRAMME  
22. Another initiative that has science and technolog y-related impact is the State Department's 
Special Self-Help (SSH) Program, which supports funding of community-based development projects 
that often have a technology transfer component.  Programmes have included installation of solar 
energy panels in community facilities, construction of  computer laboratories, eco-tourism, and others.  
The SSH Programme began in 1964 as an experimental  programme in Togo, and has grown to be one 
of the US's most visible and successful assistance pr ogrammes in Africa.  In fiscal year (FY) 2008, 
US$1,130,000 in SSH funds were granted to projects in WTO LDC Members. 
C. OPEN SKIES AGREEMENTS  
23. Open Skies agreements between the United Stat es and key partner countries have vastly 
expanded international passenger and cargo flights to and from the United States, promoting increased 
travel and trade, enhancing productivity, and s purring high-quality job opportunities and economic 
growth.  Open Skies agreements do this by elimin ating government interference in the commercial 
decisions of air carriers about routes, capacity, and pricing, freeing carriers to provide more 
affordable, convenient, and efficient air service fo r consumers.  The United States has achieved Open 
Skies with over 90 partners from every region of  the world and at every level of economic 
development.  Between 1999 and 2008 the US de veloped Open Skies agreements with 15 Least 
Developed Countries:  Tanzania, Burkina Faso, Ga mbia, Rwanda, Benin, Senegal, Uganda, Samoa, 
Madagascar, Maldives, Ethiopia, Mali, Chad, Liberia and Lao PDR. 
VI. US DEPARTMENT OF COMMERCE PROGRAMS 
A. JOINT INTERNATIONAL TRADE ADMINISTRATION (ITA)  AND COMMERCIAL LAW 
DEVELOPMENT PROGRAM (CLDP)  INITIATIVES FOR LDC S IN AFRICA  
24. ITA and CLDP, the technical assistance arm of the Office of the General Counsel at the 
Department of Commerce, have partnered to de liver intellectual property rights (IPR) technical  IP/C/W/536/Add.1 
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  assistance in sub-Saharan Africa.  In 2009, the US  Department of Commerce continued to make 
significant progress to strengthen IPR protection and enforcement in sub-Saharan Africa by working 
with other key stakeholders, including the US Pa tent and Trademark Office, the Department of 
Justice, the World Bank, private sector groups, and counterpart government officials in African countries.  Commerce is providing technical assistance to African legal institutions and is working to 
train African customs and border protection officials.  ITA has started capacity-building efforts 
designed to integrate IPR with technology transfer and local innovation efforts in Africa.  In March 
2009, ITA co-sponsored a regional conference in Kenya on technology transfer, biodiversity, and 
green technology.  Commerce also is working to raise public awareness of IPR-related issues across 
the continent.  Over the past year, the Departme nt has organized a regional IPR-related training for 
Southern African countries, including several LD Cs, and has additional programming planned for 
Mozambique in September.  ITA also organized a workshop designed to bring visibility to IPR matters during the African Growth and Opportunity Act (AGOA) Forum in Nairobi, Kenya in August, 
which many LDC government officials attended. 
• Southern African Development Community (SADC) Intellectual Property Rights 
Enforcement Workshop:  The US Department of Co mmerce International Trade 
Administration (ITA) and the Commercial Law Development Program (CLDP) and the South 
Africa Department of Trade and Industry (D TI) and the South African Revenue Service 
(SARS), in coordination with the US Pate nt and Trademark Office (USPTO) and the US 
Department of Justice, conducted a regional workshop entitled "Regional IP Enforcement: 
The Border and Beyond" in Cape Town, South Africa on May 13 - 15, 2009.  The Workshop brought together approximately 100 Intellect ual Property (IP) enforcement and customs 
officials from South Africa and neighboring states of the Southern Africa region.  The 
Workshop exposed the delegates to the importanc e of intellectual property enforcement, its 
impact on the region's economies and the intern ational standards of enforcement to be 
attained.  It also imparted the skills and mechanisms needed to promote greater 
communication and coordination among customs services in the Southern Africa region.  
 
• Mozambique Judicial Program:   In September 2009, ITA's Office of Africa, CLDP and the 
World Bank organized a training workshop in Mo zambique entitled  "The Role of IP in 
Growing Mozambique's Economy" for Mozambican  judges, the Mozambi can IP Office (IPI), 
Customs, and other key stakeholders in Maputo.  Utilizing a US federal judge with experience 
adjudicating IP disputes as well as expert s from USPTO, DOJ, and World Intellectual 
Property Office (WIPO), the workshop investig ated the importance of intellectual property 
protection and its impact on Mozambique's economy, as well as the main issues arising in the adjudication of IP disputes through interac tive exercises of case studies and IP scenarios. 
 B. S
MALL BUSINESS TOOLS  
25. As part of an overall strategy to empower bus inesses, particularly small businesses, to obtain 
and enforce intellectual property rights (IPR), the US Department of Commerce in cooperation with 
other US government agencies, developed multiple tools and means of assistance for US small 
businesses doing business abroad.  The Department of Commerce actively promotes these tools to 
other countries should the tools be useful and adopted for use by their small businesses.  OIPR developed a website, used by the entire US Govern ment, and a number of associated online resources. 
 StopFakes.gov is a comprehensive web portal for US businesses seeking information on intellectual 
property rights (IPR) protection and enforcement, including information about key US agencies and programs.  The site includes 15 country-specific IPR Toolkits, which provide detailed information 
about obtaining and enforcing IPRs in Brazil, Brunei, China, Egypt, European Union, India, Italy, Malaysia, Mexico, Paraguay, Peru, Russia, Chinese Taipei, Thailand, and Vietnam.  StopFakes.gov 
also contains information on ITA's International Trade Advisory Program with the American Bar IP/C/W/536/Add.1 
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  Association, which provides free legal consultations  on IPR related matters, as well as the means for 
reporting IPR enforcement issues to  the Commerce Department and Federal enforcement authorities.  
This information is available for businesses inves ting and doing business in WTO Member LDCs as 
well as other countries.  The site also hosts a free IPR Training Module (in English, with Spanish and French due out in September), developed by OI PR, which familiarizes small businesses with IPR, its 
relevance to their business and how to obtain and prot ect rights in the US and abroad, as well as links 
to other similar resources. 
VII. TRADE CAPACITY BUILDING IN LEAST DEVELOPED COUNTRIES 
26. "Aid for Trade" or Trade Capacity Building assistance (TCB) is a cornerstone of the US 
Government's strategy to promote economic growth  through trade and to enable developing countries 
to negotiate and implement mark et-opening and reform-oriented trade agreements.  TCB helps to 
improve the linkage between trade and development by providing developing countries with tools to 
maximize trade opportunities, including through fo stering environments favourable to technology 
transfer.  The United States considers its TCB activiti es to be an integral element in its efforts to 
provide incentives for technology transfer, in keep ing with Article 66.2 of the TRIPS Agreement. 
27. The United States obligated US$993 million to trade capacity building (TCB) activities in 
Least Developed Countries in FY 2008, a substantial increase over previous years.  Cumulative US 
TCB to Least Developed Countries from FY2001 to FY2008 totalled over US$2.2 billion.
1  T h e  
Office of the US Trade Representative (USTR) works closely with several US agencies, including the 
US Agency for International Development (USAID ), the Millennium Challenge Corporation (MCC), 
Customs and Border Protection (CBP), the US  Trade and Development Agency (USTDA), the 
Overseas Private Investment Corporation (OPIC), and the Departments of State, Agriculture, 
Commerce, and Transportation to ensure that US -sponsored TCB assistance is comprehensive and 
responsive to both Least Developed Country needs and US trade policy objectives.   
A. AFRICAN GROWTH AND OPPORTUNITY ACT  
28. The African Growth and Opportunity Act (AGOA) has been at the center of the United States' 
trade and investment policy toward sub-Saharan A frica, which has sought to promote open markets, 
expand US-Africa trade and investment, stimulat e economic growth, and facilitate sub-Saharan 
Africa's integration into the global economy.  Since the enactment of AGOA in 2000, the United 
States has worked closely with African government s and businesses to help them make the most of 
AGOA's trade benefits.  The US Government crafted and put into place the regulatory framework for AGOA, actively promoted the program throughout Africa, and developed trade capacity building 
programs to help African governments and firm s identify and develop the market opportunities 
available under AGOA.  AGOA continues to suppor t the efforts of sub-Saharan African countries 
undertaking economic, political, and social reform s and provides incentives for countries considering 
such reforms.  As of September 2009, 40 sub- Saharan African countries are eligible for AGOA, 
including 23 WTO LDC Members.  (Note:  The Central African Republic and Mauritania are the only 
WTO LDC Members that are not eligible for AGOA as September 2009.).  Helping AGOA 
beneficiary countries improve their capacity to tr ade and to make the most of the opportunities 
afforded under AGOA has been a major focus of  US TCB programs.  The five-year, US$200 million 
African Global Competitiveness Initiative (see Section XI.A), is a key element of US TCB in support 
of AGOA.  The AGCI supports the work of the four  USAID-managed regional Trade Hubs for Global 
Competitiveness, located in Gaborone, Botswana; Nairobi , Kenya; Accra, Ghana; and Dakar, Senegal. 
Each Hub is staffed by a team of experts in trade-re lated fields and responds to region-specific needs.   
                                                     
 
1 USAID Trade Capacity Building Database http://qesdb.usaid.gov/tcb/  IP/C/W/536/Add.1 
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  VIII.  MILLENNIUM CHALLENGE CORPORATION 
29. The Millennium Challenge Corporation (MCC) is a US development assistance programme 
designed to achieve poverty reducti on through economic growth by investing in areas such as 
agriculture development, education, enterprise a nd private sector development, governance, health, 
infrastructure, land titling, and trade and investment capacity building.  Created in 2004, the MCC has 
committed to date well over US$6.4 billion in project  funding.  The MCC is the largest source of US 
Government Trade Capacity Building (TCB) funding for sub-Saharan Africa. 
30. As of September 2009, the MCC has threshold or compact agreements with 12 WTO Member 
LDCs:  Benin, Burkina Faso, Lesotho, Malawi , Mali, Mozambique, Niger, Rwanda, Senegal, 
Tanzania, Uganda and Zambia.  Additionally, MCC has programmes with Sao Tome and Principe, 
and Vanuatu, both countries in the WTO accession pro cess.  US Trade-related assistance is earmarked 
for port, transportation and irrigation infrastructure,  modernized payment and settlement systems, land 
administration reform, creation of agricultural bus iness centers, industrial park development, and 
border management systems - all of which will serve  as incentives for incre ased US private sector 
investment and technology transfer. 
IX. US TRADE AND DEVELOPMENT AGENCY 
31. The US Trade and Development Agency (UST DA) advances economic development and US 
commercial interests in developing and middle income  countries.  The Agency funds various forms of 
technical assistance, early investment analysis, trai ning, orientation visits and business workshops that 
support the development of a modern infrastructure and a fair and open tradi ng environment.  USTDA 
is dedicated to promoting public-private partners hips and, through its provision of grant funding, 
assists its partners during the critical planning phases of priority infrast ructure, trade capacity 
building, and economic growth projects that promote the effective transfer of technology to LDCs.  
Recognizing the importance of trade to LDC grow th, USTDA works closely with USTR, other US 
Government agencies, and regional economic co mmunities to develop trade capacity and apply 
private sector solutions to development challeng es worldwide.  In FY2009, USTDA provided a little 
over US$775,000 in assistance activities designed to create an enabling environment for increased 
trade and investment in LDCs. 
• Yemen:  USTDA is providing a grant in the amount of US$259,382 for a follow-on Technical 
Assistance (TA) to the Yemeni Ministry of Electricity and Energy (MOEE) for assistance related to the establishment of a National Rural Electrification Program in Yemen.  The National Rural Electric Cooperative Association In ternational, Ltd. of Arlington will perform 
the TA.   The activity will address the chang es in the institutional framework necessary for 
MOEE to transfer responsibilities of the various  electricity agencies to the newly formed 
Rural Electrification Agency (REA).  The TA w ill define a detailed and definitive transition 
plan that must be developed in order for the REA to effectively manage all rural electrification activities in Yemen.  It will al so help MOEE and REA to establish the Rural 
Electric Service Providers, which will be th e utilities responsible for the rural electric 
networks.  
 
• Uganda:  USTDA is providing a US$270,000 grant to the Ugandan Ministry of Water and 
Environment to fund a study outlining recommended changes to the organizational structure of the Ugandan Department of Meteorology (UDM ).  The study aims to optimize the analysis 
and dissemination of meteorological informa tion to support the agricultural and aviation 
sectors in Uganda, as well as to assess UDM's ha rdware, software, and facilities requirements 
for the next 15 years. IP/C/W/536/Add.1 
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  X. US DEPARTMENT OF TRANSPORTATION   
32. The US Department of Transportation (DOT) plays an important role in maintaining the 
strong, interconnected global transportation system vital for economic growth in the United States and 
abroad.  DOT is engaged in a wide range of activ ities designed to enhance the transportation capacity 
and infrastructure of sub-Saharan African countries.  
33. The Safe Skies for Africa Programme (SSFA) is based on the premise that "Safe Skies" are a 
prerequisite for increased trade and investment a nd long-term economic devel opment in Africa.  The 
safety and security components complement US Government efforts to conclude Open Skies 
agreements with key African countries and promote code-share agreements between US and African 
airlines.  In 2008-09, the SSFA continued in its mission to promote sustainable improvements in 
aviation safety in Africa as a means of advancing economic development and increased investment 
between the United States and Africa.  The overa rching goal of the programme is to increase the 
number of African nations meeting International Civil Aviation Organization (ICAO) standards for 
safety and security.  Aviation safety and security ha s been enhanced in each of the countries where 
equipment and training have been provided.  Th e SSFA programme supports a regional approach to 
the development and implementation of an ICAO-compliant Civil Aviation Authority.  The DOT has 
trained African experts at the Federal Aviation Administration facility in Oklahoma City, and in-
country where appropriate, resulting in hundreds of personnel receiving state-of-the-art training to 
address airworthiness, operations and navigation throughout the continent .  
XI. US AGENCY FOR INTERNATIONAL DEVELOPMENT 
34. USAID is one of the principal US Government agencies involved in implementing the goal of 
promoting economic growth and reducing poverty in  developing countries around the world.  In 
particular, helping LDCs integrate into the world economy is a primary objective of USAID's 
economic growth and trade activities, which focu s on trade and investment policy, institutional 
analysis and reform, trade capacity building and t echnical training, and the promotion of US-Africa 
private sector development.  As mentioned, USAID plays a key role in providing Aid for Trade or 
Trade Capacity Building assistance to LDCs.  USAID is the second largest USG provider of TCB 
after MCC.  From 2006 to 2009, USAID provide over US$190 million in TCB assistance to 21 WTO 
Member and Observer LDCs, including Afghani stan, Angola, Bangladesh, Bhutan, Burundi, 
Cambodia, Democratic Republic of Congo, Ethiopi a, Guinea, Haiti, Madagascar, Malawi, Mali, 
Mozambique, Rwanda, Senegal, Tan zania, Uganda, Yemen and Zambia.  
A. A
FRICAN GLOBAL COMPETITIVENESS INITIATIVE  
35. An initiative called the African Global Compe titiveness Initiative (AGCI) is one of USAID's 
main TCB programmes in sub-Saharan Africa.   The five-year (2006-2010), US$200 million AGCI 
was designed to help expand African trade and i nvestment with the United States, with other 
international trading partners, a nd regionally within Africa by improving the export competitiveness 
of sub-Saharan African enterprises.  AGCI's objectiv es are:  (1) to improve the business climate for 
private sector-led trade and investment;  (2) to strengthen the knowledge a nd skills of sub-Saharan 
African private sector enterprises to take advantag e of market opportunities;  (3) to increase access to 
financial services for trade and investment;  and (4) to facilitate investments in infrastructure.  The 
AGCI operates within the framework  of AGOA and works with host-country government and private 
sector partners through the four USAID-managed Regional Trade Hubs for Global Competitiveness in 
sub-Saharan Africa (in Botswana, Ghana, Kenya, Senega l).  Each Hub is staffed by a team of experts 
in various trade-related fields and responds to region-specific ne eds and serves as a central point 
where African and US government agencies, donor and civil society organizations, and the private sector can find information and technical assistance on trade, investment, and business activities in the 
region, including training opportunities.  The Hubs  work with regional organizations to increase  IP/C/W/536/Add.1 
 Page 11 
 
 
  regional economic integration, reduce barriers to regional trade, and facilitate investment in 
infrastructure, which works to encourage greater investment.  In FY2007 the Hubs helped African 
countries generate US$23.9 million in AGOA exports.  Further information about the Hubs can be 
found on the Internet at www.watradehub.co m (for the two hubs in West Africa), 
www.satradehub.org (for Southern Africa), and www.ecatradehub.com (for Eastern and Central 
Africa). 
 The following are brief summaries of other key USAID initiatives that incentivize the transfer 
of technology to LDCs.  
B. USAID
 GLOBAL DEVELOPMENT ALLIANCE (GDA) 
36. The Global Development Alliance (GDA) mob ilizes the ideas, efforts and resources of 
governments, businesses and civil society by forging public-private alliances to stimulate economic 
growth, develop businesses and workforces, addre ss health and environmental issues, and expand 
access to education and technology.  The GDA busin ess model links US foreign assistance with the 
resources, expertise, and creativity of government s, business, and civil society.  Through public–
private partnerships, USAID and its partners combine their assets to address pressing development 
problems, achieving a solution that would not be possible for any individual partner alone.  Through fiscal year 2009, USAID has cultivated more than  900 alliances with 1,700 partners to extend 
development assistance programming.  For example, USAID and Firestone are planning to launch a GDA that will reinvigorate Liberia's rubber industr y and support the development of a clean energy 
power plant in Monrovia through a rubber tree culti vation and recycling program .  The partnership is 
expected to increase export-driven trade and growth  while boosting Liberia's clean energy initiatives.  
In 2005, USAID created a new obligating instrume nt – the collaboration agreement – to provide 
funding directly to a non-traditional partner. For example, the Private Financing Advisory Network 
(PFAN), an alliance of private sector companies a nd investors, receives funding from USAID to help 
developers of climate friendly technologies in developing countries find financing.  Through the 
alliances of the GDA, USAID has not only gained  additional financial resources for development 
activities, but also new technologies, intellectual cap ital and technical and managerial expertise that 
enhance its ability to address an increasingly complex set of development challenges. 
C. USAID
 DIGITAL FREEDOM INITIATIVE   
37. The Digital Freedom Initiative (DFI) is a five-year programme organized by the Departments 
of Commerce and State, USAID, USA Freedom Corps, and the Peace Corps.  DFI promotes economic 
growth by transferring the benefits of informa tion and communication technology to entrepreneurs 
and small businesses in the developing world.  Key elements of the DFI are:  (1) placing volunteers in small businesses to share business knowledge and tec hnology expertise;  (2) promoting pro-growth 
regulatory and legal structures to enhance busin ess competitiveness;  and (3) leveraging existing 
technology and communications infrastructure in new ways to help entrepreneurs and small 
businesses better compete in both the regional and gl obal market place.  To expand the lessons and 
impact of the DFI programme, USAID, the Intern ational Development Research Center, and the 
University of Western Cape in South Africa have formed a community of practice to develop custom 
software solutions and information technology syst ems.  The partner agencies involved with the DFI 
would enter into a new programme, in which each brings its competencies to bear on a key development challenge facing Information Tech nology (IT) sectors in Africa around software 
engineering and IT systems deployment that spans more than 13 universities in over ten countries. 
D. 
USAID  LELAND INITIATIVE  
38. The USAID Leland Initiative and the Federa l Communications Commission (FCC) have 
continued collaboration to strengthen te lecommunications policy and build African IP/C/W/536/Add.1 
Page 12  
 
  telecommunications regulatory capacity.  The pr ogramme strengthens associations of African 
regulators; uses experts from the FCC and state level regulatory bodies to help United States and 
African university programmes on effective regulation;  and provides technical assistance to regulators 
in more than 20 countries.  In the past year, this ef fort has provided direct assistance to six countries.  
The programme has also provided technical assistance for regional efforts to promote 
communications market integration in West Africa. 
E. USAID
 WEST AFRICA POWER POOL   
39. Increased availability of low cost, environmenta lly friendly electricity is critical to economic 
development and trade with West Africa.  In FY200 5, USAID's West Africa Programme continued to 
provide support to the West Africa Power Pool (WAPP), an industry organization created by electrical 
utilities in the region with the goal of increasing i nvestment in the sector.  The WAPP entered a new 
phase of its development with the approval in prin ciple by the Energy Ministers of the ECOWAS 
States at the end of October 2005 of the Articles of  Agreement for a Power Pool organization.  In 
FY2005, construction began on the West Africa G as Pipeline by a consortium of US and West 
African companies and first delivery of gas is sche duled for late 2007.  USAID's investment in the 
pipeline helped regulators and governments creat e the enabling environment allowing for this 
US$615 million investment that will bring low cost fuel  to power plants in Benin, Ghana, and Togo. 
40. USAID also provides technical assistance to th e Southern, West, and Central Africa Power 
Pools.  The objective of this support is to increase access to reliable, affordable electricity through 
economically based, cross-border energy trading, wh ile also building the capacity of the continent's 
electricity utilities to deliver essential se rvices in a commercially viable manner. 
F. USAID' S SOUTH ASIA REGIONAL INITIATIVE FOR ENERGY (SARI/E NERGY ) 
41. The SARI/Energy programme focuses on regiona l approaches to meet South Asia's energy 
security needs through increased trade, investment and access to clean energy.  Three of the eight 
partner countries in SARI/Energy are WTO Member LDCs, specifically Nepal, Bangladesh, and the 
Maldives.  Numerous exchanges have occurred in 2006 and 2007, which embody technological 
transfer.  Recent significant SARI initiatives include: 
• Fostering a partnership agreement among tw o US-based utility companies and the Dhaka 
Electric Supply Company Limited (DESCO). 
 
• Sponsorship of an exchange between 15 S outh Asian energy executives and counterparts 
from the Southern Africa Power Pool.  Par ticipants discussed approaches for attracting 
investment, managing energy markets in deficit power situations and analyzing power trading 
strategies. 
 
• Conducting a feasibility study on interconnecti ons between Bangladesh's power grid and 
India's eastern and northeastern grids, including  potential interconnections involving Nepal 
and Bhutan. 
 
• Supplying Nepalese farmers with Indian-developed solar technology used to preserve surplus 
fruits, vegetables and spices. 
 
G. CORAL TRIANGLE INITIATIVE ON FOOD SECURITY , CORAL REEFS AND CLIMATE CHANGE  
42. The Coral Triangle Initiative on Food Security, Coral Reefs and Climate Change is a new 
multilateral partnership to safeguard the region's extraordinary marine and coastal biological 
resources.  Recognized as the global center of mari ne biological diversity, the Coral Triangle region  IP/C/W/536/Add.1 
 Page 13 
 
 
  embraces six countries - Indonesia, Malaysia, Papua New Guinea, the Philippines, Timor Leste, and 
the Solomon Islands.  The CTI was officially la unched in December 2007 during the 13th Conference 
of the Parties to the UN Framework Convention on Climate Change in Bali, and endorsed by the six heads of state at the CTI Summit in May 2009.  Ho me to some 363 million people, one third of which 
are directly dependent on coastal and marine  resources for their livelihoods, the region faces 
immediate risk from a range of factors, including over-fishing, unsustainable fishing methods, land-
based sources of pollution and climate change.  Over  the first five years of the initiative, USAID and 
DOS plan to invest at least US$42 million in the regi onal initiative, in additi onal to providing bilateral 
support to Indonesia and the Philippines.  Invest ments will strengthen the capacity of community 
groups, governments, and public and private organiza tions to conserve the Coral Triangle's globally 
important biodiversity, improve fisheries manage ment, enhance resiliency and promote climate 
change adaptation. 
H. G
REENHOUSE GAS INVENTORY IMPROVEMENT PROJECT  
43. Building on a previous successful partnership with seven nations of Central America, USAID 
and EPA are continuing support to countries in Sout heast Asia, and exploring work in Africa, to 
improve the quality and sustainab ility of national GHG inventories by  developing countries.  The 
project focuses on developing long-term national inventory management systems, improving the 
methods and data used in the agriculture and the land use change and forestry sectors, and training 
regional experts.  Currently direct assistance is being provided in collaboration with the UNFCCC 
Secretariat to Indonesia, Cambodia, Lao PDR., Mala ysia, Philippines, Thailand, and Vietnam.  The 
project is also further refining the Agricultu re and Land Use (ALU) software which helps 
governments easily and accurately complete their national greenhouse gas inventories for the land 
use, forestry and agriculture sectors. 
XII. GENERAL INTELLECTUAL PROPERTY  RIGHTS-RELATED PROGRAMMES  
A. USPTO  GLOBAL INTELLECTUAL PROPERTY ACADEMY  
44. The United States Patent and Trademark O ffice (USPTO) trains and offers technical 
assistance on intellectual property protection and en forcement to countries around the world including 
LDCs.  In FY 2009, the USPTO conducted 25 traini ng, technical assistance, and capacity building 
programmes for over 963 participants. 
45. In 2007, the USPTO completed construction of  a Global Intellectual Property Academy that 
includes a 20,000 square-foot training facility at its  headquarters in Alexandria, Virginia.  Through 
this dedicated space, the USPTO efficiently delivers ta rgeted training to foreign IP officials.  Training 
focuses on pertinent information for IP office admini strators, examiners, judges, prosecutors, customs 
officers, and other government officials.  LD C representatives attended nine Global IP Academy 
programmes in 2009 as well as additional programmes at the USPTO such as the State Department's 
International Visitor Leadership Programme and the Foreign Mission Embassy Programme.  
Countries represented at these programmes included:  Congo, Lao PDR, Madagascar, Nepal, Papua 
New Guinea, Rwanda, Samoa, Solomon Islands , Tanzania, Uganda, Vanuatu, and Yemen. 
46. Additionally, the USPTO continues to train o fficials in countries throughout the world.  
Programmes are focused on intellectual property en forcement as well as patent, trademark, and 
copyright policy and best practices.  LDC offi cials attended many USPTO programmes throughout 
the world this past year.  Participants at these programmes included government officials from:  Haiti 
and Bhutan. IP/C/W/536/Add.1 
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  47. The United States provides further elaborati on of its technical assistance, training and 
technology transfer activities specific to intellect ual property rights in its  2009 Report on activities 
carried out in relation to Article 67 of the TRIPS Agreement. 
__________