These are notes from KEI’s February 18 morning intervention:
Regarding the footnote to Article 11, on technology transfer, there has been a long standing dispute over the use of words or phrases like voluntary, mutually agreed terms, in the context of technology transfer. As noted yesterday, no country should foreclose the right to use non-voluntary measures, and indeed, we have often highlighted the 2024 EU resolution on compulsory measures for technology transfer, and the US defense production act, as examples that have or will be used that are non-voluntary tech transfer measures.
For the footnote, if the references to voluntary, mutually agreed terms, or whatever is agreed to, are used, they should be preceded with language that states that this only refers to the obligations in the agreement, and in no way defines technology transfer itself or prejudices the right of a party to use non-voluntary measures, when voluntary measures are not available or adequate. We think this will reconcile the interests of all parties and provide the basis for an agreement.