Transfer of Sustainable Technology Based on Compulsory Licensing Principle under the WTO Law
DOI:
https://doi.org/10.70193/ijlsh.v2i3.269Keywords:
TRIPs Agreement, Compulsory Licensing, Transfer of Technology, Climate ChangeAbstract
Development of electric vehicles (EV) constitutes a transformation of transportation in combating global warming. It also purposes for overcoming increase of premature death of human being because of high fossil fuel consumption in transportation particularly in Indonesia as developing countries. However, the technology application is a challenge for such countries to adopt for usage publicly. The challenge faced by Indonesia is private rights of intellectual property holder affecting barriers for mass production. This article looks for justification for Indonesia’s adoption of transfer of green technology for protection of public health regarding the WTO rule and international conventions concerning on climate change. It uses qualitative methodology with legal-descriptive and normative approach applied. The rule of WTO and international conventions on climate change instruments become primary sources to appraise the justification of the measures. Those are also supported by secondary sources originating from library research to assist in analyzing the research question. Article 31 of TRIPs Agreement regulates that compulsory licensing might be imposed for adoption of technology transfer in circumstances for protection of public health. It could be extensively interpreted that air pollution may threaten health of human being as Doha Declaration 2001 justify flexibility application of compulsory licensing. The UNFCCC and Paris Agreement 2015 mandate industrial countries should contribute development of green technology to developing countries through transfer of technology. Finally, the WTO rules are considered as part of public international law as Panel in the case of US-Gasoline (DS2) provides the rule of WTO should be interpreted as accordance with the objective of international law.
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