Edited by Stephen Tully
Chapter 124: UNCTAD: Draft Inernational Code of Conduct on the Transfer of Technology, 1985
124. UNCTAD: Draft International Code of Conduct on the Transfer of Technology, 1985 Commentary: UNCTAD considered the feasibility of a transfer of technology (TOT) Code (TD/B/AC.11/22 (1974) & Corr.l) in the light of replies from governments: see UNCTAD Doc TD/B/C.6/AC.1/3 & Add.1–2 (1975). An intergovernmental expert group was appointed in 1975 to prepare an initial draft (TD/CODE TOT/1-TD/AC.1/18 (1978)) which was subsequently considered over six sessions by a UN Conference on an International Code of Conduct on the Transfer of Technology. Thereafter the Code went through several formulations: see TD/CODE TOT/14 (1979), TD/CODE TOT/20 (1979), TD/CODE TOT/25 & Corr.l (1980), TD/CODE TOT/33 (1981), TD/CODE TOT/41 (1983) and TD/CODE TOT/47 (1985) (extracted below). In view of the state of negotiations (TD/B/C.6/109 (1984)) and an expert report on outstanding issues (TD/CODE TOT/52 (1988)), the UNCTAD Secretary-General conducted further consultations in 1989 (TD/CODE TOT/54), 1990 (TD/CODE TOT/56) and 1992 (TD/CODE TOT/58). Recent technological developments relevant to the draft code were noted: see TD/CODE TOT/55 (1990). UNGA Resolution 40/184 (1985), paragraph 1, observed that ‘progress has been made . . . but that there are still important problems outstanding’. UNGA Resolution 48/167 (1993), paragraph 1, similarly observed that ‘conditions do not currently exist to reach full agreement on all outstanding issues’. The state of negotiations as at 1995 is described in TD/CODE TOT/60. In addition to the provisions extracted below, Article 3.4 identifies a range of measures with respect to the financial, technical, renegotiating and organisational aspects of technological transfer. Chapter 7 concerning intergovernmental collaboration contemplates information exchange and...
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