Disparity in economies leads to disparity in technological capabilities. Technology transfer agreements allow industrialized nations to share technology with less developed nations for basic technologies. Intellectual property law protects technology, but WIPO facilitates technology transfer without infringing on owners’ rights. Technology transfer balances protection and sharing.
Unfortunately, not all economies in the world are created equal. Disparity in economies typically also has a direct relationship to disparity in technological capabilities among the nations of the world. In short, the world’s strongest and wealthiest nations generally produce the most cutting-edge and most beneficial technology. In an effort to create technologies that could save lives or greatly improve economies in poorer nations, and as a way to coordinate the sharing of technology among industrialized countries, many nations have agreed to treaties or made informal arrangements to transfer technology to others countries that could benefit from it.
A technology transfer usually benefits another nation in two ways. In the case of industrialized nations, a technology transfer is a way to coordinate research and development to accelerate the creation of new technology. The other way a technology transfer can help is when an industrialized nation agrees to share its technology with less developed nations in an effort to help them with basic technologies, such as food production or infrastructure development.
International law plays an important role in technology transfer, as the vast majority of the technology created is protected by intellectual property law. Intellectual property law protects creations of the mind, such as technology, from misuse. Copyrights and patents are the most common form of intellectual property law protection. When a new technology is protected by a copyright or patent, no one can use the technology for their own benefit without the permission of the copyright or patent owner. Consequently, the new technology cannot be used without a technology transfer agreement.
The World Intellectual Property Organization (WIPO), a specialized branch of the United Nations, is a world leader in facilitating technology transfer. WIPO helps nations come together to work out agreements whereby technology can be transferred and shared for the benefit of those who need the technology without infringing on the intellectual property rights of the owners of the technology. WIPO’s statute requires the organization not only to protect intellectual property, but also to assist in the transfer of intellectual property when needed.
A common way a technology transfer works is to allow the copyright or patent owner to profit from the invention for a period of time, after which the technology will be available for use by other governments or nations. There is always a balancing act requiring protection for the creators of the technology while still trying to create a mechanism to share the technology. Without the ability to profit from technology, most individuals or companies would stop creating it; however, humanitarian concerns dictate that sharing technology should also be a goal.
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