This note intends to help put technology transfer in context and give new readers a way into the Convention on Biological Diversity.

In the Convention Text
This issue of Business.2010 focuses on technology transfer and cooperation — a key provision under the Convention, as reflected in Articles 16 to 19

In Article 16, Parties recognized that access to and transfer of technology among Contracting Parties are essential elements for achieving the objectives of the Convention. Articles 16 to 19 set set out how access and transfer of technology and technical and scientific cooperation are to be carried out.

Technology transfer and technology cooperation is also of direct relevance to Article 15 on access and benefit-sharing: Parties have recognized in the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization that non-monetary benefits to the provider of genetic resources could take the form of the transfer of knowledge and technology under fair and most favourable terms, in particular technology that makes use of genetic resources.

The Programme of Work
At its fourth meeting, the Conference of the Parties decided that, as part of its long-term programme of work, transfer of technology and technology cooperation would be subject for in depth consideration at its seventh meeting.

Subsequently, in 2004 the Conference of the Parties adopted (in paragraph 1 of Decision VII/29) a programme of work on technology transfer and technical and scientific cooperation This consists of four main elements:

Technology assessment; Information systems; Creating enabling environments; and Capacity-building and enhancement.

Defining ‘technology’
Relevant technology under the Convention has generally been understood to not only include the so-called ‘hard’ technology (i.e. the machinery and other physical hardware that is transferred) but also the category of ‘soft’ technology — technological information or know-how, necessary to, inter alia, produce such hardware. This knowledge is brought about both through research and innovation (moving ideas from invention to new products, processes and services in practical use) and through a complex and often costly process involving learning from others.

Indigenous and local communities
Technologies of relevance to the Convention as stated in Article 16 (1) will not only include modern technologies, including modern biotechnologies, but also technologies that were developed and are used by indigenous and local communities embodying traditional lifestyles. There is thus a connection between the provisions of the Convention on technology transfer and scientific and technological cooperation and its Article 8 (j), which stipulates that each Contracting Party shall, as far as possible and as appropriate and subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.

In this regard, the programme of work on technology transfer and technological and scientific cooperation invites the actors involved in its implementation to take into account two strategic consideration pertaining to traditional and local communities: (i) the participation, approval and involvement of indigenous and local communities and all relevant stakeholders is key for the successful transfer and diffusion of technology for conservation and sustainable use of biological diversity; (ii) mechanisms for ensuring that technology transfer and cooperation fully respect the rights of indigenous and local communities need to be taken into account in the implementation of the programme of work.

The Ad hoc Technical Expert Group
In 2006, the Conference of the Parties (in paragraph 4 of Decision VIII/12) decided to establish an Ad hoc Technical Expert Group (AHTEG) on Technology Transfer and Scientific and Technological Cooperation with a view to collect, analyze and identify ongoing tools, mechanisms, systems and initiatives to promote the implementation of Articles 16 to 19 of the Convention, and to propose strategies for practical implementation of the programme of work. The meeting of the AHTEG will take place on 10 - 12 September in Geneva, Switzerland

In paragraph 10 of decision VIII/12, the Conference of the Parties indicated that the mandate of the AHTEG shall be as set out in Decision VII/29, paragraph 7. Further to the adoption of the programme of work by the same decision, in this paragraph, the Conference of the Parties requested the Executive Secretary to establish an expert group on technology transfer and scientific and technical cooperation. In addition to electronic consultations, members of the group met back-to-back to SBSTTA-11, on 27 November 2005, in Montreal.

Mandate
According to paragraph 7 of decision VII/29, the expert group was to assist the Executive Secretary in:

(a) The Preparation of proposals on options to apply institutional, administrative, legislative and policy measures and mechanisms, including best practices, as well as to overcome barriers, to facilitate access to and adaptation of technologies on the public domain and to proprietary technologies by developing countries and countries with economies in transition; and in particular, on measures and mechanisms that:

(i) Foster an enabling environment in developing and developed countries for cooperation as well as the transfer, adaptation and diffusion of relevant technologies;

(ii) Provide, in accordance with existing international obligations, incentives to private-sector actors as well as public research institutions in developed country Parties, to encourage cooperation and transfer of technologies to developing countries, through, e.g., technology transfer programmes or joint ventures;

(iii) Promote and advance priority access for Parties to the results and benefits arising from technologies based upon genetic resources provided by those Parties, in accordance with Article 19, paragraph 2, of the Convention, and to promote the effective participation in related technological research by those Parties;

(iv) Promote innovative approaches and means of technology transfer and cooperation such as Type 2 partnerships, in accordance with the outcome of the World Summit on Sustainable Development, or transfers among actors, involving in particular the private sector and civil society organizations;

(b) Exploration of possibilities and mechanisms of cooperation with processes in other Conventions and international organizations, such as the Expert Group on Technology Transfer (EGTT) under the United Nations Framework Convention on Climate Change.

References to business
Engagement with business is particularly important in light of Article 16 (4), which prescribes that each Contracting Party shall take legislative, administrative or policy measures, as appropriate, with the aim that the private sector facilitates access to, joint development and transfer of technology for conservation and sustainable use or that make use of genetic resources and does not cause significant harm to the environment, for the benefit of both governmental institutions and the private sector in developing countries.

In paragraph 9 of decision VIII/17, on private sector engagement, the Conference of the Parties invited the AHTEG to address the role of the private sector in achieving the three objectives of the Convention and to consider the relevance of decision VIII/17 for the work of the Expert Group, and to report thereon to the Conference of the Parties.

In paragraph 14 of recommendation 2/1, the Ad-hoc Open-ended Working Group on Review of Implementation of the Convention, adopted at its second meeting (9-13 July 2007), noted the need to provide Parties with additional information on guidance, initiatives, mechanisms, systems and tools to improve technology transfer and cooperation, including: (c) Guidance and initiatives to increase private sector engagement and strengthen enabling environment for investments at the national level.

CBD's webpage on Technology Transfer and Cooperation