Equity and Technology Transfer in International Intellectual Property Law

Despite its growing importance in the field of international intellectual property law, especially with regard to norm-setting in the context of multilateral treaties, there is as yet no critical exploration of the role and function of the principle of equity in international intellectual property law. This article therefore seeks to fill this gap. Specifically, it identifies and highlights how States, especially developing countries, have been using equity to demand for the inclusion of technology transfer provisions in other forums besides the World Trade Organisation and the World Intellectual Property Organisation where traditional norm-setting in international intellectual property law would normally take place. More importantly, the article provides a critical assessment of the extent to which these provisions on technology transfer can really help in terms of fostering equity in the international intellectual property system and enhancing the lives of those living in developing countries.