Weak IPRs as Impediments to Technology Transfer- Findings from Select Asian Countries

Abstract

Intellectual property rights (IPRs) are a contentious aspect of the international negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) on technology transfer to developing countries for dealing with the problem of climate change. The debate on IPRs has been quite polarized; while developing countries want IPRs to be addressed as a barrier within the technology transfer discussion, developed countries assert that weak IPRs in developing countries constitute the major impediment to technology transfer. This paper examines broadly the IPR regimes of five emerging Asian economies - China, India, Indonesia, Malaysia and Thailand, with the aim of having a broad, objective overview of the state of IPRs in the Asian region. The IPR regime in each of these countries is objectively assessed on the basis of three parameters- TRIPS compatibility, enforcement and TRIPS plus provisions to determine the ‘strength’ of the regime in each country. On the basis of these findings, it can be concluded that the contention that weak IPRs in developing countries constitute the biggest barrier to technology transfer seems to be untenable. It however, acknowledges that developing countries still have a long way to go in terms of enforcement and building administrative capabilities as they lack necessary financial and human resources.