Intellectual property and transfer of environmentally sound technologies: notes on the preamble, the objectives and principles of the trips agreement

Abstract

The transfer of environmentally sound technologies (EST) poses par¬ticular problems that require an enabling legal framework. The United Nations Organization promotes effective transfer of these technologies; however the role of intellectual property rights must also be considered. The TRIPS Agreement sets minimum standards in the international rules governing intellectual property, including patents, and contains specific obligations that may affect the transfer of clean technologies. It is important to examine how the TRIPS Agreement can achieve the transfer of these technologies. In this regard the Preamble, Objectives and Principles are crucial, as are the Vienna Convention on the Law of Treaties and WTO jurisprudence. Finally for Cuba, a developing country and WTO Member, this topic is very important.