WORLD TRADE  
ORGANIZATION  IP/C/W/452/Add.3 
18 October 2005 
 (05-4765) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
REPORT ON THE IMPLEMENTATION OF ARTICLE 66.2 
OF THE TRIPS AGREEMENT 
 
NEW ZEALAND 
 
Addendum  
  
 The following communication, dated 5 October 2005, 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. 
 
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1. This submission provides an update report on New Zealand's activities in pursuit of 
commitments under Article 66.2 of the TRIPS Agreement concerning technology transfer to least-developed countries (LDCs) for the period November 2004 - October 2005. 
2. Article 66.2 of the TRIPS Agreement provides that "developed country Members shall 
provide incentives to enterprises and institutions in their territories for the purpose of promoting and 
encouraging technology transfer to least-developed co untry Members in order to enable them to create 
a sound and viable technological base".  
3. Technology transfer is interpreted in this re port broadly to include training, education and 
know-how.  Using the United Nations definition, we  see four key 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 a rrangement linkages within which technology is 
operated. 
I. OVERVIEW OF INCENTIVES, TYPES OF TECHNOLOGY AND THE MODES OF 
TECHNOLOGY TRANSFER 
4. New Zealand's efforts to encourage technology tr ansfer to LDCs occur through a variety of 
channels or modes:  through b ilateral and regional de velopment assistance programmes, through 
encouraging trade in goods and services and th rough facilitating a strong intellectual property 
environment. 
5. The main vehicle for the channelling of New Zealand's technology transfer to LDCs is 
through the New Zealand Agency for Interna tional Development (NZAID).  NZAID views 
technology transfer as an implicit element in achie ving its overall objective of reducing poverty.  Due 
to New Zealand's history, culture and geographi cal location, most of the relevant programmes 
implementing Article 66.2 focus upon LDCs in our ne ighbouring Asia-Pacific region.  The majority IP/C/W/452/Add.3 
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 of New Zealand development assistance activities ar e implemented by organi zations and individuals 
selected through a competitive tendering process.  New Zealand agencies, consultancies and 
companies provide a fair proportion of this assistance.  The remainder of New Zealand's aid budget goes through other channels such as core fundi ng to multilateral agencies, funding of multilateral 
agencies for specific projects, budget support or sector-wide approaches with partner governments 
and funding arrangements with New Zealand agencies. 
II. DETAILS OF INCENTIVES FOR TECHNOLOGY TRANSFER TO LDCS 
A. 
NZAID – TRADE AND DEVELOPMENT PROGRAMME  
6. NZAID's Trade and Development Programme for FY04/05 was $NZ3.2 million.  The 
programme's aim is to assist developing countries to harness international trade for development.  
This is achieved by building partners' capabiliti es in production techniques, business skills, marketing 
and export.  Trade facilitation assistance and technolog y transfer are also prov ided in areas such as 
customs valuation, metrology and sanitary and p hytosanitary standards.  The projects involve a 
number of LDCs, including Cambodia, Lao PDR a nd Myanmar.  Projects delivered in FY04/05 
include:  
• training in customs valuation and post clearance audit to customs officials (provided by 
New Zealand Customs Service); 
• building the legislative and regulatory cap abilities of governments in phytosanitary 
matters (in partnership with FAO); 
• improving government and private-sector capabilities in food safety/quality (in 
partnership with FAO and WHO); 
• developing a silk sector strategy in Cambodia; 
• funding to the Codex Trust Fund to enab le LDCs (and other developing countries) 
participation in Codex standard setting;  and 
• promotion of small and medium sized enterprise development. 
7. Other projects whose delivery will begin in FY05/06 include: building government 
capabilities in metrology;  building skills of governme nt agencies in plant pest and disease diagnosis, 
pest risk analysis and pest surveillance;  a nd agribusiness development,  including technical and 
business skills assistance, in Cambodia (and possibly Lao PDR). 
8. Funding has been obtained from NZAID to enab le representatives from Fiji, Vanuatu, Tonga, 
Samoa, Kiribati and Papua New Guinea to atte nd the New Zealand Intellectual Property Office 
Asia-Pacific IP Office Forum in November 2005. 
9. All these projects involve the transfer of t echnical skills and know-how to LDCs, with a 
strong focus on partnerships between NZ organiza tions and counterpart companies in the LDCs. 
10. In the section below, New Zealand provides further background on a selected number of the 
bilateral and regional programmes, as examples of t echnology transfer to least-developed countries.  
The data used in these examples is for the budgete d 2004/05 June year, which is the fiscal year under 
which these programmes operated.  The informati on provided is based on the new reporting criteria 
agreed by the TRIPS Council in February 2003.  IP/C/W/452/Add.3 
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 B. EXAMPLES OF NZAID BILATERAL PROGRAMMES  
Kiribati:  Marine Training Centre (MTC) 
11. Kiribati is an independent Micronesian country cons isting of 33 atolls and reef islands.  It is 
one of the poorest countries in the Pacific, with fi shing as one of its main industries.  The primary 
emphasis of the NZAID programme is on educati on and public sector capacity building.  In 2004/05, 
New Zealand's bilateral assistance to Kiribati am ounted to $NZ2.42million, with around 76% of this 
for education and training.  This included gran ts totalling $NZ102,000 for basic education, and 
$NZ1.48 million for a range of training activities both within Kiribati and overseas. 
12. An example of this assistance is NZAID's support to the Kiribati Marine Training Centre 
(MTC), which is intended to maintain the competitiv eness of Kiribati's seamen in the maritime labour 
market.  Over time it is hoped that Kiribati nati onals will take over the management and teaching 
responsibilities at the school.  Support is being provided for MTC students to undertake advanced 
deck officer and engineering training and there will also be assistance to upgrade the training equipment.  Expenditure in 2004/05 was $NZ178,000.  
C. 
NZAID :  REGIONAL PROGRAMMES  
13. In addition to bilateral assistance, New Zeal and also provides LDCs with transfers of 
technology and investment incentives through variou s regional assistance programmes.  In some cases 
it is difficult to separate expenditure specifically provided to LDCs, although it is clear that LDCs 
within these regions benefit from these programmes. 
1. Pacific Regional Environment Programme 
14. The Pacific Regional Environment Programme included support of approximately $NZ2m 
over the period to the Secretariat of the Pacific Regional Environment Programme (SPREP).  SPREP 
provides assistance to Pacific Island Countries and Territories to protect and improve the environment and ensure sustainable development for future and present generations.  SPREP's work consists 
primarily of technical and advisory support.  Ne w Zealand support to SPREP over the period included 
the facilitation of the Pacific Climate Change Roundtable process ($NZ191,000), the leading of the 
preparation of the Pacific Waste Management Strategy ($NZ251,000), and leading a feasibility study 
examining bio-controls on invasive plants ($NZ11,500). 
2. Pacific Regional Agencies 
15. New Zealand also gives $NZ1.4 million a y ear to South Pacific Applied Geoscience 
Commission (SOPAC) which provides basic geological  knowledge, improvements in land and ocean 
use, improved water and sanitation provision, deve lopment of mineral resources, hazard and disaster 
management and sustainable development by taki ng into account the geo-environmental impacts of 
development. 
3. Africa:  Basic Education  
16. New Zealand's development assistance to Africa is  concentrated in the south and east of the 
continent, and focuses on basic education, incl uding non-formal training, rural livelihoods, food 
security and projects that address the impact of HI V/AIDs.  The forecast expenditure for the Africa 
programme in 2005/06 is $NZ6.2 million.  IP/C/W/452/Add.3 
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 17. New Zealand is currently involved in progra mmes under a grant assistance system in Zambia, 
Zimbabwe, Tanzania, Kenya, Mozambique and a bilateral programme with South Africa.  
New Zealand also provides assistance to African  LDCs through multilateral agencies, the Emergency 
Management and Disaster Relief (EMDR), and th e Voluntary Agency Support Scheme (VASS). 
4. Post Tsunami Response:  Indonesia 
18. NZAID has funded (approximately $NZ200,000 in to tal) several short term consultancies for 
New Zealanders with skills in earthquake design,  hazard assessment and building specifications to 
provide technical input to World Bank and NGO's r econstruction projects developed in the wake of 
the devastating tsunami in Aceh. 
III. OTHER PROGRAMMES WITH A TECHNOLOGY TRANSFER COMPONENT 
A. 
INTELLECTUAL PROPERTY  
19. New Zealand has been actively involved in th e development of the South Pacific Forum 
Regional Framework on Intellectual Property.  Ne w Zealand has provided technical assistance and 
advisors in developing national, regional and international rules and legislation to protect the 
intellectual property rights of indigenous pe oples.  This has led to the creation of a sui generis  system 
to protect traditional knowledge a nd expressions of culture that can be adopted by South Pacific 
nations, many of which are LDCs. 
20. The Intellectual Property Office of New Zealand (IPONZ) provides ongoing technical 
assistance, on request, to help developing and l east-developed countries on issues relating to the 
registration of intellectual property rights, including plant variety rights.  Some specific examples are: 
• training on plant variety right protection was provided to two Korean examiners from 
the National Seed Management Office, Plan t Variety Protection Division for two weeks 
in December 2004; 
• technical seminars on plant variety rights pr otection were given in Japan and Korea in 
September 2004 prior to the UPOV meeting in Japan; 
• in July 2005, New Zealand provided a sp eaker for the APEC IP Experts' Group 
Seminar on Cybercrime and Intellectual Prope rty, held in Makati City, Philippines.  
The speaker covered New Zealand's legal framework on cybercrime and examples of 
how cases are investigated and prosecuted; 
• in November 2005, New Zealand will host th e Asia-Pacific IP Office Forum, which is 
an opportunity for economies from the Asia -Pacific region to share experiences and 
gain knowledge in relation to th e running of their IP offices; 
• in October 2005, New Zealand will host the UPOV Technical Working Party for 
Agricultural Crops (TWA) 34th Session in Christchurch, New Zealand. 
 
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