International Technology Transfer: The Origins and Aftermath of the United Nations Negotiataions on a Draft Code of Conduct

The distribution of technology among enterprises and nations lies at the heart of international economic relations, affecting trade, investment, finance and economic policies, and is affected in turn by the political relations between nations. The need for effective transfer of technology to developing countries has acquired renewed urgency in recent years as production becomes increasingly knowledge-intensive and competition is determined more and more by the ability of enterprises to learn, to acquire and use knowledge, and to innovate. Access to knowledge has become key to economic success in the marketplace. This text discusses the background, objectives, approaches and progress achieved in the decade-long negotiations on an International Code of Conduct on the Transfer of Technology which took place under the aegis of UNCTAD. It examines the impact and continued relevance of the Code negotiations to subsequent policy and legislative instruments on international technology transfer, both at domestic and international levels, and identifies and examine emerging trends and negotiating agendas that will help to shape the future of international technological co-operation. The central question posed by the initiators of the Draft Code of Conduct is still relevant today - how can we facilitate a just and mutually beneficial system of technology flow in a world of rapid change and increasing gaps in the technological capability of developed and developing countries? The need for marginalized countries to access knowledge in order to learn, adjust and integrate effectively into the world economic system must be balanced with the vital need to reward inventors and innovators to ensure the continued generation of knowledge. It is these issues that will continue to dominate any future discussion on the international transfer of technology. This book will be a valuable work of reference on the evolution of international technological cooperation in the last quarter of the 20th century, as well as a useful guide to policymakers, scholars and international negotiators dealing with these and related issues of international economic cooperation.

Table of Contents:
List of Contributors. Preface; G. Corea , R. Ricupero. Introduction; S. J. Patel, et al. Chronology of Main Events. Part I. The Code Negotiations: Background and Main Issues. 1. The Rationale for Regulatory Action; UNCTAD Secretariat. 2. A Preliminary Evaluation of the Proposed Text; Countess Pease Jeffries. 3. An Overview of the Draft Code; D. Thompson. 4. Antitrust at the United Nations: A Tale of Two Codes; D. L. Miller, J. Davidow. 5. Responsibilities and Obligations of Parties; C. M. Correa. 6. Applicable Law and Dispute Settlement; G. Wilner. 7. A Critique of the Code Provisions; J. W. Skelton, Jr. 8. The Status of the Negotiations: A 1990 Evaluation; UNCTAD Secretariat. 9. Negotiations on an International Code of Conduct for the Transfer of Technology; S. Sell. Part II. Historical Perspectives and Reflections. 10. From Santiago de Chile (1972) to the Dawn of the Third Millennium; S. J. Patel. 11. The Pugwash Code; G. Oldham. 12. The Developing Countries' Quest for a Code; E. E. Galal. 13. Stalemate in the Negotiations on Restrictive Practices; J. Davidow. 14. The Evolution of the Negotiating Context; A. Alencar. 15. The African Experience; F. Oragwu. 16. The Latin American Policies; C. B. Aguirre. 17. The Role of Third Parties as Facilitators; J. F. Freymond. 18. Perception Gaps and Mistrust as Obstacles to Multilateral Solutions: Some Empirical Evidence; T. Sagafi-Nejad, H. V. Perlmutter. Part III. Emerging Trends and Negotiating Agendas. 19. Emerging Trends: New Patterns of Technology Transfer; C. Correa. 20. Contemporary Relevance; J. Faundez. 21. A Changing Policy Landscape; J. Touscoz. 22. An Overview of Legislative Changes; A. Omer. 23. Global Environmental Agreements: A New Twist to the North-South Debate; A. Yusuf. 24. The TRIPS Agreement and Development; S.K. Verma. 25. Global Competition and Intellectual Property Protection; J. H. Reichman. 26. Competition, Intellectual Property and Transfer of Technology; H. Ullrich. 27. The Unfinished Agenda; P. Roffe, T. Tesfashew. Annex I. The Pugwash Code. Annex II. The Draft Code of Conduct. Annex III. Selected Bibliography. Index.