scholarly journals Assessment of the Mechanism for Mining Technology Transfer in the Area: Loopholes in ISA Practice and Its Mining Code

2021 ◽  
Vol 13 (13) ◽  
pp. 7005
Author(s):  
Yu Ning

Draft commercial exploitation regulations have been on the agenda of the ISA since several 15-year exploration contracts expired a few years ago. Given the ineffective implementation in practice and the ignored chapter in several mining regulations on the transfer of mining technology, the future Enterprise and developing countries may take a more positive approach to the transfer of mining technology by striking a delicate balance between the provisions on the protection of intellectual property and those on capacity building under the framework of UNCLOS and the 1994 Agreement, through reciprocal and mutual beneficial means such as direct technology purchasing and investment cooperation. The International Seabed Authority, as the competent inter-governmental organization, has the duty to foster favorable conditions for such transfer.

1969 ◽  
Vol 17 (4) ◽  
Author(s):  
Meir Perez Pugatch ◽  
Rachel Chu

This article examines the effect of the intellectual property (IP) environment in developing countries on the level of foreign direct investment (FDI) and technology transfer occurring in the biopharmaceutical field in these countries. In particular, it considers the correlation between the strength of IP protection in several developing countries (using the Pharmaceutical IP Index) and the number of clinical trials taking place in these countries (as a proxy of biomedical FDI). The article finds that overall, the strength of national pharmaceutical IP environments provide a good estimate of the level of clinical trials taking place in these countries. Accordingly, countries with a more robust level of pharmaceutical IP protection tend to enjoy a greater level of clinical trial activity by multinational research-based companies. In other words, by choosing to improve their level of protection of pharmaceutical IPRs (together with other factors), developing countries may also be exposed to higher levels of biomedical FDI, not least in the field of clinical trials.


2012 ◽  
Vol 09 (04) ◽  
pp. 1250028 ◽  
Author(s):  
JANE G. PAYUMO ◽  
HOWARD D. GRIMES ◽  
KEITH J. JONES

In the 21st century, licensing is the most common vehicle by which Intellectual Property Rights (IPR), especially for agricultural biotechnology, are transferred from inventors to users. In this paper, we argue that due to the strong association between IPR and agricultural biotechnology, technology transfer (e.g., licensing), needs to be conducted differently for agricultural biotechnology products. We examine two important licensing mechanisms: the patent license and material transfer agreements, and their unique features, and issues associated with their use. And yet, it's important to note that these legal instruments for agricultural biotechnology are contextual, case-specific, and may even be country-specific. We hope that this paper can serve as a starting point for discussion, and/or a guide for public research institutions in developing countries to more effectively use these technology transfer tools. We also present a few case examples that highlight the experiences of other national research institutions in handling these legal mechanisms. Learning from these experiences may help other institutions maximize benefits while minimizing cost and risk under the new context of technology transfer for agricultural innovations.


2016 ◽  
Vol 20 (3) ◽  
pp. 42-54 ◽  
Author(s):  
Giustina Secundo ◽  
Christle De Beer ◽  
Giuseppina Passiante

Purpose The process of innovation in developing countries is different from that of developed countries, with mature technologies often being adopted with limited success. Universities are increasingly being viewed by policymakers as engines of innovation through the technology transfer office (TTO). However, with the adoption of various new intellectual property right legislation, university TTOs in developing countries have had an inefficient approach to technology transfer. Framed in the above premises, this study aims to develop a Maturity Model to measure, through non-monetary indicators, the efficiency of TTOs. Design/methodology/approach The Maturity Model is inspired by the Berkley (PM)2 Model which allows an organization to determine strengths and weaknesses and to focus on weak practices to achieve higher maturity. Fuzzy analytical hierarchy process is adopted to determine the priorities and weights of the non-monetary indicators because they are ambiguous. Findings The Maturity Model to measure the efficiency of TTO cover the following efficiency areas: intellectual property strategy and policy; organization design and structure; human resource; technology; industry links; and networking. The model provides a theoretical continuum along which the process of maturity can be developed incrementally in TTO from one level to the next, moving from awareness, defined, managed, integrated and sustained stage. Research limitations/implications The Maturity Model needs to be tested and applied in TTOs in developing countries. Practical implications The Maturity Model provides a means to sustain the decision-making process more effectively, especially in those countries considered as an inefficient innovator. Originality/value The findings inform the design of a customizable solution to barriers to the success of technology transfer and highlight weaknesses within each institution or TTOs efficiency.


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