On Wednesday afternoon, 16 October 2024, Brazil delivered the following statement on transfer of technology at the 36th session of the WIPO Standing Committee on the Law of Patents (SCP).
Intervention by the Delegate of Brazil at the World Intellectual Property Organization (WIPO) on Intellectual Property and the Transfer of Technology
Madame Chair, distinguished delegates, esteemed colleagues,
Brazil appreciates the opportunity to dive a little bit deeper on this agenda item of the relationship between intellectual property (IP) and transfer of technology, in all its nuances, but especially in the context of developing and least developed countries (LDCs). In this sense, this delegation would like to align our statement with the views of GRULAC, the African Group and the intervention made on behalf of Knowledge Ecology International (KEI), while also offering additional comments in national capacity.
Madame Chair,
Transfer of technology is a key element in achieving sustainable development, economic growth, social justice, and of course addressing global challenges such as climate change, food security, and public health. For developing and least developed countries, access to technology is indispensable to enhance local innovation capacity, boost industrial productivity, and create inclusive and equitable economic development environments.
In this regard, intellectual property rights (IPRs) on the one hand, could serve to protect and incentivize innovation, creativity, and investment. On the other hand, if not adequately balanced, overly restrictive IP regimes can hinder access to critical technologies, especially for countries that lack the academic, scientific, institutional or industrial capacity to independently develop such technologies.
We recognize that WIPO plays an essential role in ensuring that the global IP system fosters innovation and technological development. However, the international IP framework should also address inclusivity and equitable access to technology, particularly nowadays in the face of global and common challenges. In that context, the needs of developing and least developed countries must also be considered in the design and implementation of IP policies.
Brazil believes that there are several key points that deserve the attention of this Organization:
1. Strengthening Flexibilities within the IP System:
The TRIPS Agreement already provides for several flexibilities that allow countries to tailor their IP systems in a way that promotes access to technology. However, these flexibilities must be strengthened and more widely understood and implemented, especially by developing and LDCs. Examples include the use of compulsory licensing for public health emergencies and exceptions to patent rights for research and development. WIPO should continue to provide technical assistance and capacity-building to help countries take full advantage of these flexibilities.
2. Facilitating Technology Transfer:
The promotion of technology transfer is essential for the development of local capacities in developing countries. Brazil strongly believes that developed countries have a responsibility to support the transfer of environmentally sound technologies, medical innovations, and other critical technologies to countries in need. This aligns with the commitments made under international agreements such as the United Nations Framework Convention on Climate Change (UNFCCC) and the 2030 Agenda for Sustainable Development.
WIPO’s role in facilitating voluntary licensing agreements, fostering public-private partnerships, and encouraging open innovation models should be enhanced. Moreover, initiatives such as WIPO’s Technology and Innovation Support Centers (TISCs) are valuable platforms that can be expanded to improve access to technological information and knowledge.
3. Ensuring Equitable Access to Critical Technologies:
We have witnessed, especially during the COVID-19 pandemic, how unequal access to key technologies, including vaccines and medical devices, has deepened global disparities. The lessons learned from this crisis should compel us to rethink how IP can serve not only to incentivize innovation but also to promote global public goods. In this context, Brazil fully supports the ongoing discussions on the need for a more flexible approach to IP protections in times of global emergencies.
4. South-South Cooperation and Capacity Building:
Brazil has a long-standing commitment to South-South cooperation and is actively engaged in capacity-building initiatives with other developing countries. We believe that knowledge sharing and collaborative innovation, particularly within the Global South, can be a powerful tool to address common challenges. We encourage WIPO to further strengthen its efforts in this area by supporting regional innovation hubs and facilitating the exchange of best practices on IP management, innovation policies, and technology transfer strategies.
5. Promoting Innovation for Sustainable Development:
Lastly, we must ensure that the IP system is aligned with the broader global agenda for sustainable development. Innovation should not only be incentivized for commercial purposes but should also contribute to the achievement of the Sustainable Development Goals (SDGs). This includes fostering innovation that addresses environmental challenges, promotes public health, and reduces inequality. Brazil believes that an IP system that encourages inclusive innovation can drive more equitable and sustainable development.
Madame Chair,
The relationship between intellectual property and transfer of technology must be addressed with a sense of global solidarity and shared responsibility. Brazil stands ready to work with all Member States and stakeholders to ensure that the international IP system becomes a driver of inclusive, equitable, and sustainable development for all, particularly for those countries that need it most.
Thank you.