Challenges of Technology Transfer in the TRIPS Agreement

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was designed not only to standardise intellectual property protection but also to promote technology transfer to developing and least-developed countries. However, despite these objectives, the promise of equitable technology dissemination remains largely unfulfilled. This paper critically examines the legal framework governing technology transfer under TRIPS, focusing on the ambiguity and enforceability of Article 66.2, the tension between intellectual property protection and public interest under Articles 7 and 8, and the impact of TRIPS-Plus agreements in limiting developmental flexibilities. The study argues that the obligations relating to technology transfer under TRIPS are predominantly aspirational rather than binding, due to vague language, weak monitoring mechanisms, and limited enforceability within the WTO dispute settlement system. Additionally, the growing prevalence of TRIPS-Plus provisions in bilateral and regional agreements further constrains the policy space available to developing countries. By analysing treaty provisions, state practice, and scholarly perspectives, the paper highlights the structural imbalance within the TRIPS framework, which prioritises intellectual property protection over development objectives. It concludes by proposing clearer definitions, stronger accountability mechanisms, and a more development-oriented interpretation of TRIPS to ensure meaningful technology transfer and reduce global inequalities.