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African perspectives in international investment law$
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Yenkong Ngangjoh Hodu and Makane Moïse Mbengue

Print publication date: 2020

Print ISBN-13: 9781526151278

Published to Manchester Scholarship Online: September 2021

DOI: 10.7765/9781526151285

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PRINTED FROM MANCHESTER SCHOLARSHIP ONLINE (www.manchester.universitypressscholarship.com). (c) Copyright Manchester University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in MSO for personal use.date: 16 May 2022

The politics of international technology transfer: the imperative of host State measures

The politics of international technology transfer: the imperative of host State measures

(p.65) 5 The politics of international technology transfer: the imperative of host State measures
African perspectives in international investment law

Collins C. Ajibo

Manchester University Press

The economic development of every nation rests principally on the level of technological capabilities and innovation capacities that can be mustered. Technology is not a free public good that is transferred without restriction, but instead is consciously generated through an investment in research and development, making the outcome of the research a protected property. The private nature of the property right inherent in technology seems to pose a difficulty for the development imperatives of developing countries. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) largely recognizes the preceding, despite its shortcomings, by embodying provisions for flexibility to balance the goal of intellectual property rights protection with the technological transfer for development. However, the evolving regime of TRIPS-Plus is poised to erode potential chances of successful transfer to developing countries, particularly African countries. Accordingly, African countries must look inward and readjust their policies to withstand and contain the emerging development-clipping regimes, and consequently, advance their technological growth objectives.

Keywords:   technology transfer, TRIPS-Plus, development, Africa, investment policy

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