Can Global Administrative Law Help Least-Developed Countries Get What They Bargained For?
In this paper, I argue that an agreed substantive minimum standard for implementation of Article 66.2 would be helpful to the developing world. Such a standard would clarify what is required of developed countries to meet their technology transfer obligations under TRIPS, similar to the clear standards that developing countries are held to in meeting their obligations to enact stronger IPRs under TRIPS. This paper also explores possible mechanisms by which such a standard could be developed in the context of the emerging idea of Global Administrative Law. Although there are multiple options, the best place to develop a standard for implementation of Article 66.2 seems to be the Council for TRIPS. Part II gives some background on international technology transfer, discussing the factors affecting the flow of technology transfer to developing nations, including the effect of adopting intellectual property rights, and also discussing some suggested policies for improving technology transf
