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Sustainable technology transfer

(2011)
Abstract
There are more than eighty international

agreements and many additional programmes

dealing with technology transfer. Moreover,

several international conventions require that

aid programs, both to address acute

emergencies and to assist in the longer-term

building of viable infrastructures, be undertaken

in specific and concrete ways. However,

problems inevitably arise when good intentions

are put to the test, particularly in connection

with rights to the ownership of intellectual

property assets. Some even claim that it is only

when IPRs are respected that sustainable

support can be expected.

To examine the existing... (More)
There are more than eighty international

agreements and many additional programmes

dealing with technology transfer. Moreover,

several international conventions require that

aid programs, both to address acute

emergencies and to assist in the longer-term

building of viable infrastructures, be undertaken

in specific and concrete ways. However,

problems inevitably arise when good intentions

are put to the test, particularly in connection

with rights to the ownership of intellectual

property assets. Some even claim that it is only

when IPRs are respected that sustainable

support can be expected.

To examine the existing status of international

law in this important area – and to offer

recommendations for potential improvements

and solutions – the Faculty of Law of Lund

University hosted a conference in Vietnam in

October 2010 on the subject of sustainable

technology transfer from developed countries

to developing countries. Focusing on the legal

problems which sustainable technology transfer

may give rise to and how they may be

addressed – and with emphasis on health,

environment, energy, and climate change –

this book summarizes the most important

findings of that conference. Twelve penetrating

essays by fourteen distinguished European,

American, and Asian legal scholars address

the questions of what is required to satisfy

existing international obligations and to what

extent developing countries may use flexibilities

in international conventions to advance their

own development.

The essays are concerned with such issues

and topics as the following:

- the major institutions and players in the

formulation and enforcement of rules

affecting technology transfer;

- the real-world value of legislative

enactments in the area;

- a factual account of actual technology

transfers;

- to what extent competition rules offer

developing countries a way to escape

the more severe consequences of

undertakings they have accepted;

- the impact of compulsory licensing;

- the potential effect of the Anti-Counterfei

ting Trade Agreement of 2010 (ACTA); and

- specific conditions pertaining to conser

vation of biodiversity, climate change

and energy.

Included are thorough analyses of the obligations

and flexibilities expressed in numerous

international conventions – including the TRIPS

Agreement, the Convention on Biological

Diversity, and the UN Framework Convention on

Climate Change – as well as how these

obligations and flexibilities function in practice.

The book concludes with a view from a

developing country perspective and forwardlooking

statements issuing from a heightened

awareness of the role that technology transfer

might play, if properly deployed, in the

development of the disadvantaged countries of

the world.

Although few will argue with the Millennium

Development Declaration’s affirmation that those

who benefit least deserve help from those who

benefit most, disagreement continues over crucial

details such as how technology transfer should

take place and the role of the law in facilitating it. (Less)
Please use this url to cite or link to this publication:
organization
publishing date
type
Book/Report
publication status
published
subject
keywords
ACTA, compulsory licensing, competition rules, climate change, energy, environment, health, intellectual property, international agreements aid programs, technology transfer, developing countries, biodiversity, TRIPS, Convention on biological diversity, UN, Framework Convention on climate change, private international law, internationell privaträtt
editor
Lidgard, Hans Henrik LU
pages
362 pages
publisher
Kluwer
external identifiers
  • Scopus:82155195547
language
English
LU publication?
yes
id
1d1be9fd-80bf-411a-abc2-eccfd1d6218c (old id 4001321)
date added to LUP
2013-08-26 13:01:30
date last changed
2016-10-13 04:47:28
@misc{1d1be9fd-80bf-411a-abc2-eccfd1d6218c,
  abstract     = {There are more than eighty international<br/><br>
agreements and many additional programmes<br/><br>
dealing with technology transfer. Moreover,<br/><br>
several international conventions require that<br/><br>
aid programs, both to address acute<br/><br>
emergencies and to assist in the longer-term<br/><br>
building of viable infrastructures, be undertaken<br/><br>
in specific and concrete ways. However,<br/><br>
problems inevitably arise when good intentions<br/><br>
are put to the test, particularly in connection<br/><br>
with rights to the ownership of intellectual<br/><br>
property assets. Some even claim that it is only<br/><br>
when IPRs are respected that sustainable<br/><br>
support can be expected.<br/><br>
To examine the existing status of international<br/><br>
law in this important area – and to offer<br/><br>
recommendations for potential improvements<br/><br>
and solutions – the Faculty of Law of Lund<br/><br>
University hosted a conference in Vietnam in<br/><br>
October 2010 on the subject of sustainable<br/><br>
technology transfer from developed countries<br/><br>
to developing countries. Focusing on the legal<br/><br>
problems which sustainable technology transfer<br/><br>
may give rise to and how they may be<br/><br>
addressed – and with emphasis on health,<br/><br>
environment, energy, and climate change –<br/><br>
this book summarizes the most important<br/><br>
findings of that conference. Twelve penetrating<br/><br>
essays by fourteen distinguished European,<br/><br>
American, and Asian legal scholars address<br/><br>
the questions of what is required to satisfy<br/><br>
existing international obligations and to what<br/><br>
extent developing countries may use flexibilities<br/><br>
in international conventions to advance their<br/><br>
own development.<br/><br>
The essays are concerned with such issues<br/><br>
and topics as the following:<br/><br>
- the major institutions and players in the<br/><br>
formulation and enforcement of rules<br/><br>
affecting technology transfer;<br/><br>
- the real-world value of legislative<br/><br>
enactments in the area;<br/><br>
- a factual account of actual technology<br/><br>
transfers;<br/><br>
- to what extent competition rules offer<br/><br>
developing countries a way to escape<br/><br>
the more severe consequences of<br/><br>
undertakings they have accepted;<br/><br>
- the impact of compulsory licensing;<br/><br>
- the potential effect of the Anti-Counterfei<br/><br>
ting Trade Agreement of 2010 (ACTA); and<br/><br>
- specific conditions pertaining to conser<br/><br>
vation of biodiversity, climate change<br/><br>
and energy.<br/><br>
Included are thorough analyses of the obligations<br/><br>
and flexibilities expressed in numerous<br/><br>
international conventions – including the TRIPS<br/><br>
Agreement, the Convention on Biological<br/><br>
Diversity, and the UN Framework Convention on<br/><br>
Climate Change – as well as how these<br/><br>
obligations and flexibilities function in practice.<br/><br>
The book concludes with a view from a<br/><br>
developing country perspective and forwardlooking<br/><br>
statements issuing from a heightened<br/><br>
awareness of the role that technology transfer<br/><br>
might play, if properly deployed, in the<br/><br>
development of the disadvantaged countries of<br/><br>
the world.<br/><br>
Although few will argue with the Millennium<br/><br>
Development Declaration’s affirmation that those<br/><br>
who benefit least deserve help from those who<br/><br>
benefit most, disagreement continues over crucial<br/><br>
details such as how technology transfer should<br/><br>
take place and the role of the law in facilitating it.},
  editor       = {Lidgard, Hans Henrik},
  keyword      = {ACTA,compulsory licensing,competition rules,climate change,energy,environment,health,intellectual property,international agreements aid programs,technology transfer,developing countries,biodiversity,TRIPS,Convention on biological diversity,UN,Framework Convention on climate change,private international law,internationell privaträtt},
  language     = {eng},
  pages        = {362},
  publisher    = {ARRAY(0xa3868d0)},
  title        = {Sustainable technology transfer},
  year         = {2011},
}