Contributor(s)Lidgard, Hans Henrik
Law and Political Science
private international law
Framework Convention on climate change
international agreements aid programs
Convention on biological diversity
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AbstractThere are more than eighty international<br> agreements and many additional programmes<br> dealing with technology transfer. Moreover,<br> several international conventions require that<br> aid programs, both to address acute<br> emergencies and to assist in the longer-term<br> building of viable infrastructures, be undertaken<br> in specific and concrete ways. However,<br> problems inevitably arise when good intentions<br> are put to the test, particularly in connection<br> with rights to the ownership of intellectual<br> property assets. Some even claim that it is only<br> when IPRs are respected that sustainable<br> support can be expected.<br> To examine the existing status of international<br> law in this important area – and to offer<br> recommendations for potential improvements<br> and solutions – the Faculty of Law of Lund<br> University hosted a conference in Vietnam in<br> October 2010 on the subject of sustainable<br> technology transfer from developed countries<br> to developing countries. Focusing on the legal<br> problems which sustainable technology transfer<br> may give rise to and how they may be<br> addressed – and with emphasis on health,<br> environment, energy, and climate change –<br> this book summarizes the most important<br> findings of that conference. Twelve penetrating<br> essays by fourteen distinguished European,<br> American, and Asian legal scholars address<br> the questions of what is required to satisfy<br> existing international obligations and to what<br> extent developing countries may use flexibilities<br> in international conventions to advance their<br> own development.<br> The essays are concerned with such issues<br> and topics as the following:<br> - the major institutions and players in the<br> formulation and enforcement of rules<br> affecting technology transfer;<br> - the real-world value of legislative<br> enactments in the area;<br> - a factual account of actual technology<br> transfers;<br> - to what extent competition rules offer<br> developing countries a way to escape<br> the more severe consequences of<br> undertakings they have accepted;<br> - the impact of compulsory licensing;<br> - the potential effect of the Anti-Counterfei<br> ting Trade Agreement of 2010 (ACTA); and<br> - specific conditions pertaining to conser<br> vation of biodiversity, climate change<br> and energy.<br> Included are thorough analyses of the obligations<br> and flexibilities expressed in numerous<br> international conventions – including the TRIPS<br> Agreement, the Convention on Biological<br> Diversity, and the UN Framework Convention on<br> Climate Change – as well as how these<br> obligations and flexibilities function in practice.<br> The book concludes with a view from a<br> developing country perspective and forwardlooking<br> statements issuing from a heightened<br> awareness of the role that technology transfer<br> might play, if properly deployed, in the<br> development of the disadvantaged countries of<br> the world.<br> Although few will argue with the Millennium<br> Development Declaration’s affirmation that those<br> who benefit least deserve help from those who<br> benefit most, disagreement continues over crucial<br> details such as how technology transfer should<br> take place and the role of the law in facilitating it.