ABSTRACT

This chapter addresses the combination between development and technology from three complementary perspectives: the right to development (R2D), international transfer of technology (ITT) and competition law. It focuses on international transfer of technology (ITT) via licensing agreements. The Declaration on the R2D was further complemented in 1993, during the Second United Nations (UN) World Conference on Human Rights that took place in Vienna. The transmission of technology through ITT can take place through several methods. The basic option is usually put in terms of international trade, foreign direct investment (FDI) and licensing, although in practice these options are frequently combined and supplemented by a number of additional features taken from other legal instruments. From an economic perspective, licensing is considered to be an external mode of ITT because it takes place through the market, as opposed to intra-firm modes of ITT. Anticompetitive conduct associated with ITT often minimizes or thwarts the developmental benefits of transmission of technology.