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World Development Vol. 33, No. 10, pp.

1587–1602, 2005
Ó 2005 Elsevier Ltd. All rights reserved
Printed in Great Britain
www.elsevier.com/locate/worlddev 0305-750X/$ - see front matter
doi:10.1016/j.worlddev.2005.05.005

Transfer of Technology to Developing Countries:


Unilateral and Multilateral Policy Options
BERNARD M. HOEKMAN
World Bank, Washington, DC, USA

KEITH E. MASKUS
University of Colorado, Boulder, CO, USA

and

KAMAL SAGGI *
Southern Methodist University, Dallas, TX, USA
Summary. — This paper analyzes national and international policy options to encourage the inter-
national transfer of technology, distinguishing between four major channels of such transfer: trade
in products, trade in knowledge and technology, foreign direct investment, and intranational and
international movement of people. A typology of countries and appropriate policy rules of thumb
are developed as a guide to both national policymakers and multilateral rule making in the WTO.
We argue that the optimal policy mix varies across countries and that there is a need for differen-
tiation in the design and application of rules in trade agreements as well as for a more explicit focus
on evaluation of the impacts of policies.
Ó 2005 Elsevier Ltd. All rights reserved.

Key words — technology transfer, multilateral trade negotiations, WTO

1. INTRODUCTION problem of monitoring compliance with inter-


national regulations, it is not surprising that
The importance of international technology ITT is predominately mediated by national pol-
transfer (ITT) for economic development can icies. Existing multilateral rules on, for exam-
hardly be overstated. Both the acquisition of ple, subsidies, trade policy, and IPR regimes,
technology and its diffusion foster productivity define limits on what is permissible. In contrast,
growth. Developing countries have long sought agreements regarding actions that governments
to use both national policies and international should pursue to encourage ITT are largely of a
agreements to stimulate ITT. National policies best-endeavor nature.
range from the general, such as education and Starting in the mid-1990s, multilateral disci-
intellectual property rights (IPR) protection, plines on ITT-related policies began to deepen.
to the specific, such as tax incentives for pur- The WTO Agreement on Trade-Related As-
chase of certain types of capital equipment. A pects of Intellectual Property Rights (TRIPS),
prominent episode of international efforts to adopted in 1995, calls on countries to enforce
encourage ITT came in the late 1970s, when
many developing countries sought a Code of
Conduct to regulate technology transfer under * We are grateful to three anonymous referees for
United Nations (UN) auspices. their comments. The views expressed are personal and
Given the incentives of owners not to transfer should not be attributed to the World Bank. Final revi-
technology without an adequate return and the sion accepted: May 20, 2005.
1587
1588 WORLD DEVELOPMENT

comprehensive minimum standards of IPR pro- ter (1997) found that foreign R&D embodied
tection on a nondiscriminatory basis. It also in imported capital goods has a significantly
has provisions relating to ITT, as discussed positive impact on total factor productivity
later in this article. In 2001, WTO members (TFP) of importing countries. 1 Later studies
established a Working Group on Trade and noted that this impact is greater, the more open
Technology Transfer to examine the relation- the countries are, the more skilled is their labor
ship between trade and ITT and explore ways force, and, in the case of developing countries,
to increase technology flows to developing the more their trade is with developed countries
countries. (Schiff, Wang, & Olarreaga, 2002). Further,
This paper discusses options that could be variations in capital-goods trade explain
pursued by countries to promote ITT and the cross-country differences in productivity better
implications for international rule making and than does overall trade (Eaton & Kortum,
development assistance. Three dimensions are 1999).
highlighted: safeguarding national ‘‘policy These results suggest that open trade policies
space’’ to address market failures; identifying are crucial for developing countries to be able
actions by source countries to encourage ITT; to attract technology. But openness alone is
and multilateral initiatives to address interna- not sufficient, for strong absorptive capacity
tional externalities associated with technology and the ability to adapt foreign technology
markets or national policies. Section 2 reviews are important for ITT to effect local technical
the major channels of technology transfer and change. In developing countries, technology
the main policy instruments that could be used acquisition often amounts to adapting existing
to enhance ITT. In Sections 3–5, our discussion methods to local circumstances (Evenson &
turns to normative policy implications, focusing Westphal, 1995). Gradual adoption of new
on policies of host (importing) countries, source techniques or inputs may be optimal for risk-
(exporting) countries, and multilateral coopera- averse producers in the face of costly invest-
tion in the WTO, respectively. In Section 6, we ment and uncertain returns. Producers need
summarize the discussion by means of suggested to learn how to apply the new technology and
policy rules of thumb for countries at different improve it gradually over time (Tybout,
stages of development. In Section 7, we con- 2000). Countries tend to acquire international
clude with a brief discussion of how trade agree- technology more readily if domestic firms have
ments can help improve ITT policies. R&D programs, there are domestic research
laboratories and universities, and there exists
a sound basis of technical skills and human
2. CHANNELS OF TECHNOLOGY capital (Maskus, 2000). These factors reduce
TRANSFER the costs of imitation, adaptation, and follow-
on innovation.
We start with a brief discussion of the main
avenues through which ITT occurs: trade in (b) Foreign direct investment and licensing
goods, direct investment and licensing, and
movement of people. Investment by multinational enterprises
(MNEs) may provide developing countries with
(a) Trade in goods more efficient foreign technologies and result in
technological spillovers. In addition to demon-
Economic growth centrally relies on techno- stration effects, spillovers may arise because of
logical change through the creation of new labor turnover and vertical linkages. Case stud-
products and processes (Grossman & Helpman, ies suggest that substantial technology diffusion
1991). New products embody novel ideas and occurs due to FDI (Blomstrom & Kokko, 1997).
international trade can transmit knowledge However, econometric studies support a more
across borders. Indeed, barriers to technology diverse set of conclusions. Some found that
adoption are a key determinant of international firms in sectors with a relatively high MNE pres-
differences in per-capita income (Parente & ence tend to be more productive (Kokko, Tan-
Prescott, 1994) and greater trade openness can sini, & Zejan, 1997), while others noted that
increase growth by lowering such barriers. competing domestic firms do worse as the for-
Trade contributes to ITT by allowing local re- eign presence in their industry increases (Aitken
verse engineering and access to new machinery & Harrison, 1999). Such negative horizontal
and equipment. Coe, Helpman, and Hoffmais- spillover effects may occur if MNEs siphon off
UNILATERAL AND MULTILATERAL POLICY OPTIONS 1589

domestic demand or bid away high-quality suppliers’ plants to help set up and supervise
labor. Similarly, there is a risk that imports of automated production and testing procedures.
technology may reduce R&D efforts of local Javorcik (2004) examined backward linkages
firms, which may have happened in some sectors and technology spillovers using data from
in China in the 1990s (OECD, 2002). Lithuanian manufacturing firms over 1996–
Moran (2004) argued that there is a substan- 2000 and found that productivity is positively
tial difference in operating characteristics be- affected by a sector’s contacts with multina-
tween subsidiaries that are integrated into the tional customers but not by the presence of
international sourcing networks of the parent MNEs in the same industry. Thus, her results
MNEs and those that are prevented from such supported the existence of vertical spillovers
integration by policy barriers such as manda- from FDI. Blalock (2001) used panel data from
tory joint venture and domestic content Indonesian manufacturing establishments to
requirements. These different characteristics in- check for similar effects. He found a strong po-
clude size of the plant, proximity of technology sitive impact of FDI on productivity growth of
and quality-control procedures to global best local suppliers, suggesting that effective tech-
practices, speed with which production pro- nology transfer does occur. He also plausibly
cesses are brought to the frontier, and cost of suggested that, since MNEs tend to source in-
output. Integrated subsidiaries have a more po- puts that require relatively simple technologies,
sitive impact on the host country, often accom- local intermediate suppliers are in a good posi-
panied by vertical backward linkages and tion to learn from affiliates.
externalities. Isolated affiliates have a less posi- Licensing is an important source of ITT for
tive, and sometimes negative, impact on the developing countries (Correa, forthcoming).
local economy. Contracts typically involve the purchase of
Drawing upon case studies and econometric production or distribution rights and the
evidence, Moran claimed that this contrast in underlying technical information and know-
performance holds across different industries, how. 3 The general determinants of decisions
countries, and time periods. He noted that fail- to license are similar to those involving FDI,
ure to differentiate between export-oriented including market size and policy certainty and
FDI and import-substitution FDI, or between transparency. An important additional factor
foreign investors free to source from any loca- is the confidence of licensor firms that proprie-
tion and those operating under domestic tary technologies will not leak into the host
content requirements, or between foreign inves- economy through copying or defection of per-
tors obliged to operate as minority sharehold- sonnel. If this is likely, foreign firms may prefer
ers and those with complete or majority FDI, may not engage in licensing at all, or may
ownership, accounts for the inability of earlier transfer lagging technologies (Maskus, 2000).
studies to isolate the influences of FDI on Successful transfer typically requires capacity
host-country welfare. to learn and investments to apply technologies
Studies focused on spillovers to local compet- into local production processes. This factor ex-
itors of MNEs miss the fact that such firms typ- plains why countries with substantial engineer-
ically transfer technology to local suppliers. ing skills and R&D programs for adaptation
Mexico’s maquiladora sector is a recent exam- and learning are greater recipients of licensing
ple of vertical ITT. Most maquiladoras began flows than others (Yang & Maskus, 2001).
as subsidiaries of US firms that shifted labor-
intensive assembly operations to Mexico. How- (c) Labor turnover and movement of people
ever, over time, the maquiladoras adopted more
sophisticated imported production techniques Little attention has been given to the role of
(Saggi, 2002). 2 A recent case study of the labor flows as a channel for ITT. Some studies
effects of Intel’s investment in Costa Rica by have found that domestic labor turnover from
Larrain, Lopez-Calva, and Rodriguez-Clare MNEs to local firms is limited, while others
(2000) found that local suppliers benefited sub- claimed the opposite (Rhee, 1990). An explana-
stantially from Intel’s investment. Similar evi- tion is that in countries where local firms are
dence exists for other sectors and countries not far behind MNEs in technical terms, labor
(Moran, 1998, 2001). For example, in the elec- turnover is more likely. Thus, the ability of
tronics sector, foreign investors helped their lo- local firms to absorb new technologies is a
cal subcontractors keep pace with modern determinant of whether labor turnover is a
technologies by assigning technicians to the means of diffusion.
1590 WORLD DEVELOPMENT

International movement of people, associ- duce the costs of acquiring and absorbing exist-
ated with nationals studying or working abroad ing technologies. Third, increase incentives for
for a limited period, or the inward movement of domestic innovation. We next turn to policy
foreign citizens, is another potential channel for options for host countries, source countries,
ITT. The recent experience of India in develop- and international cooperation.
ing a software and related services industry
illustrates that payoffs from such movements
may take time to materialize but can be large. 3. NATIONAL POLICIES
A policy challenge for developing countries is
to facilitate temporary movement abroad and A basic challenge for host developing coun-
encourage returnees to undertake local research tries is to improve the local environment for
and business development. ITT and its diffusion. Both FDI and licens-
ing respond to such factors as an effective
(d) Market failures and the need for policy infrastructure, transparency and stability in
government, and a reasonably open trade and
Markets within which ITTs take place are investment regime (World Bank, 2004). Also
subject to at least three major problems. The important is an entrepreneurial environment
first is asymmetric information (Arora, Fosfuri, that attracts skilled workers home from devel-
& Gambardella, 2001; Horstmann & Marku- oped countries. Given that vertical spillovers
sen, 1987). Technology suppliers cannot fully are strongest in countries where MNEs work
reveal their knowledge without destroying with competitive suppliers, reducing entry bar-
the basis for trade, while buyers cannot fully riers in upstream industries can also assist ITT.
determine the value of the information before An important determinant of the ability to
buying it. This problem can lead to large trans- absorb and adapt technology is the return to
action costs and stifle technology flows. In the investing in at least simple R&D capacity. If
international context, information and contract existing technology policies, capital market reg-
enforcement problems may be severe. A second ulations, and taxes discourage such invest-
problem is that owners of new technologies typ- ments, they could be reformed to encourage
ically have substantial market power resulting innovation. Similarly, absorption and competi-
from lead time and IPR (Maskus, 2000). Thus, tive deployment of ITT depend on an adequate
the price of technology will exceed its marginal supply of engineering and management skills,
cost. While this exclusivity allows developers to making domestic education and training poli-
profit from innovation, it reduces the static na- cies important. Governments can reduce the
tional welfare of those importing technologies. technological distance between local and for-
A third problem is that externalities arise if eign firms by establishing innovation systems
the costs and benefits of technology exchange that encourage R&D, transfer knowledge from
are not internalized by participants (Saggi, universities and public laboratories to domestic
2004). A major share of benefits to recipient firms, and promote use of cost-saving technolo-
countries of ITT is likely to arise from uncom- gies.
pensated spillovers, wherein technological Host-country governments also need to rec-
information is diffused into the wider economy ognize the risk taking involved in adopting for-
and the technology provider cannot extract the eign technologies. Suppose domestic firms are
associated economic value. considering the costly adoption of some foreign
These market failures support the potential technology, and that significant uncertainty ex-
for policies to increase welfare by altering the ists regarding the degree to which it can be used
incentives of private agents to engage in ITT. effectively. Firms adopting the technology first
This task is complex, and it is difficult for pol- generate positive spillovers for others who can
icymakers to identify optimal policies or even watch and learn. In the presence of such infor-
to rank order them according to effectiveness. 4 mational externalities, it makes sense to subsi-
However, the problematic characteristics of dize the adoption of foreign technologies.
knowledge markets noted above suggest that Hausmann and Rodrik (2003) have emphasized
policy should aim at three targets: First, in- that in many developing countries, the market
crease access of local buyers to the interna- undersupplies investment by firms in new activ-
tional stock of knowledge and improve the ities because of appropriability problems. If so,
ability of technology owners to signal the true a subsidy or similar incentive can expand inno-
value of their inventions to buyers. Second, re- vation and risk taking. 5
UNILATERAL AND MULTILATERAL POLICY OPTIONS 1591

(a) Trade and FDI policies positive learning and productivity externalities
from inward FDI.
Available evidence suggests that diffusion of The prevalence of ‘‘follow the leader’’ behav-
knowledge is facilitated by an open trade re- ior among MNEs provides a potential case for
gime (Saggi, 2002). Firms need access to capital FDI incentives. One new entrant may attract
equipment and imported inputs that embody investments by both other firms and upstream
foreign knowledge. At the same time, the exis- suppliers. If so, competition at multiple stages
tence of market failures makes questionable of production may increase, thereby improving
any unconditional arguments against trade pro- both efficiency and overall output. An implica-
tection. tion is that a host country may be able to
An important question is the scope of knowl- unleash a sequence of investments by success-
edge spillovers. International spillovers, for fully inducing FDI from one or two major
which there is considerable evidence (Eaton & firms.
Kortum, 1996), tilt the balance in favor of free If the local economy lacks a well-developed
trade. In contrast, intranational spillovers cre- network of potential suppliers, however, MNEs
ate a role for policy intervention, though trade might not invest and suppliers may not deve-
policies would be neither efficient nor effective. lop. In such cases, growth is constrained by
Instead, general policies encouraging agents to coordination problems that can partially be
undertake activities that generate social benefits resolved by initiating investments from key
exceeding private returns, without simulta- firms. Such problems cannot be tackled solely
neously creating additional distortions, are through investment incentives, however. Policy
more appropriate. efforts need to improve the investment climate
Historically, restrictive trade policies were and reduce the costs of absorbing technology.
complemented by restrictions on FDI. Thus, The latter task is complex and involves improv-
Japan, the Republic of Korea, and Taiwan im- ing property rights, expanding innovation sys-
posed restrictions on FDI, whereas policies tems, and investing in efficient infrastructure.
were more welcoming toward other modes of Thus, for incentives to be effective, important
ITT. Moran (1998) summarized the approach preconditions relating to the investment climate
taken by Korea and Japan as a combination and absorptive capacity must be satisfied. Once
of import barriers coupled with export promo- upstream capacity exists, there may be a case
tion; fiscal subsidies to create national champi- for programs that help potential suppliers meet
ons in certain sectors; and restrictions on FDI the needs of MNEs as customers. Such pro-
coupled with insistence upon licensing and grams have been successfully implemented in
other arrangements. More recently, national a number of middle-income countries.
FDI policies have become more liberal, but One set of policies often justified on the basis
policies may differentiate between joint ven- of regulating ITT are trade-related investment
tures and majority-owned FDI. For example, measures (TRIMs), such as local content rules
the Chinese policy has encouraged joint ven- and technology transfer requirements. How-
tures more than inward FDI. Whether this ap- ever, TRIMs are implicit taxes on intermediate
proach is beneficial depends on the incentives goods imports because manufacturers are
MNEs have to transfer technologies to forced to use higher-cost local inputs. They
recipient firms and there is evidence that provide little incentive for the protected pro-
joint ventures obtain less advanced technol- ducers of intermediate goods to acquire
ogy (Mansfield & Romeo, 1980; Moran, knowledge and improve productivity. If the
1998). constraints imposed by TRIMs are too strict,
While the magnitude of ITT undertaken by MNEs may refrain from investing.
MNEs may not be socially optimal, evidence
exists that they are keen to transfer technology (b) General versus specific technology-related
to local suppliers (Moran, 1998). Policies that policies
facilitate this process, rather than insisting that
MNEs engage in ITT to local competitors, are Many studies indicate that absorptive capac-
more likely to succeed. In practice, many coun- ity is crucial for obtaining significant spillover
tries seek to attract foreign investors through benefits from trade or FDI. For example,
special economic zones, subsidies, tax holidays, Borensztein, De Gregorio, and Lee (1998)
and other grants. Such investment incentives tested the effects of inward FDI on growth in
can be justified only if host countries enjoy 69 developing countries. They found that it
1592 WORLD DEVELOPMENT

contributes more to domestic growth than does ity and shifts incentives for investors between
domestic investment but only where the host FDI and licensing.
country has a minimum threshold stock of The empirical literature supports several
human capital. Similarly, Keller (1996) argued observations. First, patent applications from
that access to foreign technologies alone does foreign firms are associated with productivity
not increase growth rates of developing coun- growth in recipient countries (Eaton & Kor-
tries. tum, 1996). Thus, ‘‘trade in ideas’’ is a signifi-
Consider the role that subsidies can play in cant factor in world economic growth.
facilitating learning and technology acquisition Second, information from patent citations sug-
when returns to such investments cannot be gests that the most significant patents are
appropriated by private agents. Such commen- widely diffused, as is knowledge in highly tech-
tators as Amsden (1989) argued that policy nological sectors (Peri, 2003). Knowledge flows
interventions, including implicit or explicit sub- have a positive impact on international innova-
sidies, lay behind the economic miracles in tion.
Korea and Taiwan. Their case is that carefully Third, international trade flows, especially in
targeted subsidies allowed these governments patent-sensitive industries, respond positively
to stimulate key sectors that became efficient to increases in patent rights among middle-
and provided positive spillovers. It is important, income and large developing countries but not
however, to differentiate between sector-specific among poor countries (Smith, 2001). Next,
subsidies and general policies facilitating learn- the evidence on patent laws and inward FDI
ing and enterprise development. In a recent ret- is mixed but recent studies find positive impacts
rospective on the East Asian development among middle-income and large developing
experience, Noland and Pack (2003) argued that countries. However, in poor countries, patents
sector-specific policies did not result in high do not expand FDI (Blyde & Acea, 2002;
rates of TFP growth for manufacturing. In Smith, 2001). Fourth, strengthening IPR tends
Korea and Taiwan, TFP growth was not much to shift ITT from exports and FDI toward
higher than in OECD countries. In India, selec- licensing and also increases R&D expenditures
tive interventionist policies were associated with undertaken on behalf of affiliates in recipient
declining TFP growth rates, while the opening countries with strong imitative abilities (Smith,
of the economy led to an increase in TFP 2001). Fifth, the sophistication of technologies
growth (Krishna & Mitra, 1998). transferred rises with the strength of IPR pro-
The case for general policy supports for inno- tection and domestic capacities to absorb and
vation, education, transport infrastructure, and improve technology.
similar public goods is uncontroversial. A common finding is that the poorest coun-
Regarding more commercial activities, how- tries are unlikely to benefit from strong IPR
ever, the efficient use of support policies re- (McCalman, 2001). Stronger patent rights
quires that governments can both identify may be expected to raise monopoly rents
cases that justify intervention and implement earned by international firms as such rights be-
it appropriately. In practice, governments may come more valuable, obliging developing coun-
fail to avoid potential problems, including sub- tries to pay more for protected technology.
sidies that support inefficiency and strategic These are also countries where ITT-related
subsidy seeking by firms. Because these prob- spillovers are likely to be small. Thus, in poor
lems become difficult to control, credible exit countries policy should aim at lowering costs
strategies are needed to weed out successes of imports of IPR-intensive goods and raising
from failures. the capacity to absorb and adapt technologies.

(c) IPR and technology transfer (d) Summary: Theory and experience

IPR can support markets in technology, Economic theory does not provide unambig-
including ITT (Arora et al., 2001). Patents uous guidance regarding the relative social pay-
and trade secrets provide a legal basis for off to alternative channels of ITT. Much
revealing the proprietary characteristics of depends on whether spillovers are international
technologies to subsidiaries and licensees, sup- or intranational, the capacities to absorb and
porting the formation of licensing contracts. 6 improve technologies, and other factors. A
Patent protection both increases flows of ITT ‘‘one size fits all’’ approach to policy is inappro-
to countries with sufficient technological capac- priate. Consider, for example, the choice be-
UNILATERAL AND MULTILATERAL POLICY OPTIONS 1593

tween licensing and FDI from a host-country’s effective absorption grew, firms resorted more
viewpoint. If the relevant market is imperfectly to formal means of ITT and governments
competitive, the choice is not simple. The alter- strengthened the IPR regime.
native to suffering market power at the hands These experiences suggest that the nature of
of MNEs might be sustaining domestic incum- ITT and appropriate policies follow a technol-
bents with significant market power. While the ogy ladder. Many middle-income developing
profits of the latter add to national income, countries are at the duplicative imitation stage,
such incumbents will generally possess inferior hoping to absorb foreign technologies into
technologies. If there exists a strong domestic labor-intensive export production and evolve
incumbent, limiting FDI and encouraging tech- into higher value-added strategies over time.
nology licensing to that firm can increase its The poorest countries have barely stepped onto
market power vis-à-vis weaker domestic rivals this rung. Thus, a differentiated approach is
(Saggi, 1996). On the other hand, if FDI were needed for national policy and multilateral
restricted and open technology licensing rulemaking. Specifically, the priority in poor
encouraged, licensing would be preferable to countries with weak institutions and limited
FDI if the technology owner agreed to transfer R&D capacity is to improve the business envi-
the technology. ronment, with liberal trade policies to encour-
Given the limited guidance offered by theory, age imports of technology. Such countries
it is helpful to revisit briefly the history of suc- should be exempt from strong IPR obligations
cessful efforts to move up the technology ladder. and have access to mechanisms to reduce the
One reason for Japan’s rapid growth and indus- cost of imports of IPR-protected goods. This
trialization after World War II was that its pat- could be achieved, for example, through either
ent system was designed for both small-scale subsidies or differential pricing schemes.
innovation and diffusion. The system encour- Because absorptive capacity is weak in low-
aged incremental innovation by Japanese firms income countries, the emphasis should be on
and promoted the diffusion of knowledge into using trade to benefit from foreign knowledge
the economy (Maskus, 2000). Japan also and acquiring technology through FDI. Licens-
encouraged foreign firms to license to Japanese ing is not a realistic option for least-developed
firms, in part through restrictions on FDI. countries (LDCs), given weak business environ-
Korea encouraged learning via ‘‘duplicative ments and absorptive capacity. In poor coun-
imitation’’ of mature technologies that were in tries, there is a greater need for FDI because
the public domain or available cheaply (Kim, the incentives for licensing or joint ventures
2002). IPR protection was weak and encour- are weaker. Indeed, this situation may provide
aged imitation and adaptation. In the 1970s, a case for outward FDI investment incentives
Korea specialized in labor-intensive goods, by high-income countries as part of their devel-
with firms importing ‘‘off the shelf’’ technolo- opment assistance.
gies and adapting them to produce differenti- As countries move up the income and technol-
ated goods. Government promoted the ogy ladder, they gain more from IPR, which
development of technical skills through educa- becomes important for licensing and benefits
tion and workplace training and significantly home entrepreneurs and innovators. Based on
reduced antiexport bias. In the 1980s, Korean the experience of Asian economies, developing
firms shifted to ‘‘creative imitation,’’ involving countries should adopt standards for patentabil-
more significant transformation of imported ity, novelty, and utility that are stricter (raising a
technologies. This shift required domestic higher bar to patenting) than those found in the
R&D and in-house research capabilities. The United States and the European Union. This ap-
government also became more welcoming to proach is consistent with WTO rules, which do
formal channels of ITT and strengthened the not specify substantive criteria on the basis of
IPR regime. which IPR grants are awarded. Upper-middle-
Brazil, Mexico, Malaysia, and the export- income countries would benefit less from sub-
intensive regions of China and India are other sidy schemes to lower the price of technology.
examples of movement from ‘‘pure’’ to ‘‘crea-
tive’’ imitation. In these cases, IPR protection
was limited and firms took advantage of avail- 4. SOURCE-COUNTRY POLICIES
able foreign technologies. As the technological
sophistication of production processes matured Perhaps the most powerful indirect incentive
and the depth and complexity of knowledge for for ITT that source countries could provide is
1594 WORLD DEVELOPMENT

to grant greater market access for products in cial incentives that tap into development aid
which poor countries have a comparative funding for setting up degree programs through
advantage, including agricultural products distance learning or even foreign establishments
and labor-intensive goods. The linkage is that may be particularly effective. Finally, addi-
better assurance of foreign market access would tional initiatives could center on increasing
expand incentives to transfer new technologies information flows. For example, technical stan-
to producers in developing countries. dards play a role in diffusing production and
Turning to specific measures aimed at ITT, certification technologies. Thus, developed
fiscal incentives or subsidies are the most obvi- countries could finance participation by experts
ous candidates. Subcentral governments in from developing countries in their standards-
OECD countries often offer tax incentives to setting bodies.
induce firms to establish facilities or to remain Convincing OECD governments to offer
in their own countries, especially in low-income incentives for transferring technology is a chal-
areas. One option is for central governments to lenge, but could be part of their overall devel-
offer the same fiscal benefits to firms transfer- opment assistance efforts.
ring technologies to developing countries as
are available for domestic activities. Developed
countries could also offer the same tax advanta- 5. INTERNATIONAL COOPERATION
ges for R&D performed abroad as for R&D
done at home. Many of the suggestions in the previous sec-
In designing such incentives, home countries tion will come at a cost to source countries.
could tailor interventions toward channels Similarly, a number of the developing country
appropriate for countries at different stages of policy options discussed in Section 3 will re-
development. Given the foregoing arguments quire financing. Moreover, their effectiveness
in favor of FDI over licensing in low-income will depend importantly on design, discipline,
countries, for example, policies that subsidize di- and monitoring. These considerations provide
rect ITT through licensing may not be beneficial rationales for using international agreements
to poor countries. A better approach would be as commitment devices and enforcement mech-
to ensure that incentives target (or minimally anisms to increase the credibility and impacts
do not discriminate against) outward FDI. of ITT policies. Safeguarding the ability of
Source countries should also differentiate be- countries to pursue beneficial policies is also
tween countries in initiatives to lower the cost important. Certain avenues that were used in
of technology-intensive imports through pro- the past to achieve industrialization have been
motion of differential pricing schemes. Although narrowed as a result of the WTO, suggesting
not a direct ITT policy, such price segmentation a need to ensure that policy space exists to
would avoid undesirable reverse transfers from encourage ITT.
South to North through arbitrage. 7 Helleiner (2000), Finger (2002), and Sabel
Several other options to increase ITT incen- and Reddy (2002), among others, emphasized
tives exist. First, permit tax deductions for con- that countries need the freedom to experiment
tributions of technology to nonprofit entities with regulatory policies. Thus, detailed interna-
engaged in ITT, taking the form of grants, tional policy harmonization is inappropriate.
technical assistance, or mature patent rights. As argued by Hoekman (2005), multilateral
Second, offer fiscal incentives to encourage monitoring and information exchange mecha-
enterprises temporarily to employ recent gradu- nisms can play a useful role in preventing cap-
ates from developing countries. Here there are ture and identifying effective policies. Such
potential synergies with efforts to expand the institutions as the OECD, UNCTAD, and
temporary movement of natural service suppli- UNIDO have provided a forum for exchanging
ers under mode 4 of the General Agreement on experiences and discussing appropriate policies.
Trade and Services (GATS). Third, public re- The WTO Working Group on Trade and Tech-
sources, such as those from the US National Sci- nology Transfer provides a forum for dialogue
ence Foundation, could be used to support that could be used more effectively.
research into the technology needs of developing There is a close connection between ITT dis-
countries. Technologies developed under such cussions in the WTO and the concept of special
programs could be made publicly available. and differential treatment (SDT) of developing
Fourth, universities could be encouraged to countries. The argument that needs (market
recruit and train students from LDCs. Finan- failures) differ depending on the type of country
UNILATERAL AND MULTILATERAL POLICY OPTIONS 1595

suggests that ITT policies should be differenti- approach would seek commitments by high-
ated. The same is arguably true of SDT more income countries to provide financing for
generally, although differentiation is resisted risk-reducing entrepreneurial programs that
by many developing countries. 8 Similar ques- promote entry into new activities. Such funding
tions arise in regional trade and investment should be nondiscriminatory, made available to
integration agreements. Most such agreements both foreign and domestic firms, because the
do not address technology transfer explicitly nationality of innovating firms does not matter
in the form of binding commitments, instead for realizing knowledge spillovers. The possibil-
imposing disciplines on the ability to use spe- ity of funding foreign entry through FDI or
cific instruments such as subsidies or TRIMs. joint ventures might also enhance the support
However, some North–South agreements put for such aid programs by creating a constitu-
substantial emphasis on financial and technical ency in its favor in source countries.
assistance to be granted by the high-income
partner(s). The best example is the European (b) Temporary movement of people
Union, which has included such provisions in and labor turnover
its partnership agreements with Mediterranean
and other countries and has provided assistance Learning by doing, and subsequent labor
for improving both absorptive and innovation turnover, are important channels of ITT. While
capacity in its partners. To date, no such links most of the literature has focused on within-
have been made in the WTO and we now dis- country labor turnover associated with FDI,
cuss areas where actions could be considered international movement of people has a poten-
in that forum. tially larger role to play in fostering ITT. In
order to be most beneficial to developing coun-
(a) Subsidies tries, policies should encourage temporary
movement of people. The classic problems with
The WTO Agreement on Subsidies and international migration are that it is often long-
Countervailing Measures (ASCM) divides sub- term and can give rise to a ‘‘brain drain’’ with
sidies into three categories: prohibited, action- potentially negative impacts on home-country
able, and nonactionable. R&D and related welfare. Such problems would not arise if labor
technology subsidies are nonactionable if they movements were temporary and returnees ap-
are not specific, or, if specific, satisfy certain plied new skills and knowledge at home.
conditions. These conditions cover ‘‘assistance Negotiations over the temporary cross-bor-
for research activities conducted by firms or der movement of people have been launched
by higher education or research establishments in the WTO. These discussions arise in the
on a contract basis with firms.’’ Fundamental GATS, for one mode of supplying services is
research, defined as ‘‘an enlargement of general through the temporary movement of suppliers.
scientific and technical knowledge not linked to While GATS is limited to people providing ser-
industrial or commercial objectives’’ is not sub- vices, its approach could be extended to a cate-
ject to disciplines. 9 However, the provisions on gory of personnel that relocate temporarily in
nonactionability of R&D subsidies lapsed in order to increase their human capital and ac-
1999 and should be reinstated to permit devel- quire new skills (‘‘training services’’). In effect,
oping countries to use them. In defining what such movements could be regarded as a mech-
is permitted, scope should exist to adopt mea- anism for host countries to export knowledge
sures that can be justified on the basis of exter- to developing countries. While it may not be
nalities of the type identified by Hausmann and feasible to incorporate this idea into the GATS,
Rodrik (2003), discussed above. This does not the mode 4 precedent might be used to nego-
mean complete freedom, for there is an impor- tiate a stand-alone arrangement under which
tant role for multilateral disciplines to help gov- developing countries would be granted addi-
ernments control subsidy policies and prevent tional temporary visa allocations for working
capture. One approach would be to develop in OECD countries, motivated by ITT objec-
monitoring and surveillance mechanisms in tives. This would also be a way to provide con-
the WTO aimed at increasing information on crete SDT to developing countries. 10 The visa
the effectiveness of policies to encourage inno- allocation mechanism could be similar to the
vation. ‘‘GATS visa’’ regime that has been suggested
The current focus of the WTO is disciplines by a number of WTO members (Mattoo & Car-
on national use of subsidies. A complementary zaniga, 2003).
1596 WORLD DEVELOPMENT

Donor countries and organizations could could help achieve the goals of TRIPS Article
also consider establishing special trust funds 66.
for training scientific and technical personnel,
facilitating the transfer of technologies that (d) Protecting and expanding the global
are particularly sensitive for the provision of commons for knowledge
public goods, and encouraging research in
developing countries (Roffe, 2002). To the ex- Another proposal that has considerable po-
tent that data and research results must be tential to expand ITT to poor countries is to
purchased, differential pricing schemes for gov- negotiate a WTO Agreement on Access to
ernments and institutions in poor coun- Basic Science and Technology (ABST) (Barton
tries could be encouraged. At the margin, visa & Maskus, 2004). This would place into the
allocations could be aimed at students and public domain the results of publicly funded re-
researchers from poor countries. More gener- search. The idea is to preserve and enhance the
ally, developed countries could help developing global commons in science and technology
countries build capacity for improving educa- without unduly restricting private rights in
tion and science, including their ability to ac- commercial technologies. The agreement could
cess international information and the Internet. encourage researchers from other countries to
participate in, or compete with, local research
(c) IPR and TRIPS teams for grants and subsidies, possibly com-
bined with increased opportunities for tempo-
TRIPS Article 66.2 imposes an obligation on rary migration. It could also give researchers
developed economies to find means of increas- in other countries access to nationally gener-
ing ITT to the LDCs. One option would be ated science and data. It may be necessary to
for governments in developed countries to in- adopt a GATS-like approach to the ABST, per-
crease technical and financial assistance for mitting governments to reserve sensitive areas
improving the ability of poor countries to ab- of technology and to designate different levels
sorb technology and engage in trade. Examples of commitment to open access. Safeguards for
of such assistance include capacity building in security-related regulation would be required
IPR management and technical standards, as well.
establishing public and public–private research
facilities, and facilitating trade in technology- (e) Information exchange and multilateral
related services. The terms of TRIPS Article monitoring
66.2 could also be expanded to include all
developing countries without a significant To reduce problems of asymmetric informa-
domestic science and technology base. In addi- tion, international organizations such as the
tion, a special fee on international patent appli- WTO could serve as an intermediary conduit
cations could be considered, through the Patent for knowledge about successful technology-
Cooperation Treaty, with revenues earmarked acquisition programs of national and subna-
for improving IPR administrative systems in tional governments. Firms in many developing
developing countries. Given different interests countries may have little knowledge about the
of developing countries regarding criteria for structure of international ITT contracts. What
patentability, novelty, and utility, efforts to- are reasonable royalty rates? What conditions
ward harmonization of criteria or tests could have sellers of technology been willing to nego-
be limited to the regional level, through, for tiate? Which contract clauses have proved
example, cooperative examination offices that helpful in encouraging local technological
apply regional standards (Maskus, 2003). development? Answers to such questions exist
Poor countries face major shortages in exper- but their dissemination requires efforts by both
tise for developing and enforcing antimonopoly the private and public sectors of developed
laws. One way for their governments to gain countries. Privacy concerns should not be a
confidence in the system would be for authori- major obstacle, as summarizing expired licensing
ties in developed countries to undertake contracts would not reveal confidential data.
enforcement actions against firms headquar- More emphasis on information exchange and
tered or located in their jurisdictions. A com- multilateral monitoring would also be benefi-
mitted effort on the part of rich countries to cial. This effort should focus on the success of
prevent market-power abuses in developing- various policies in achieving particular objec-
country markets by their sellers of technology tives. Rather than only seeking to regulate what
UNILATERAL AND MULTILATERAL POLICY OPTIONS 1597

countries may do to encourage ITT and inno- therefore argue for liberal trade policies as a
vation, a more productive approach could be key priority, as important as sound general
to establish a broad framework that requires technology policies. As noted earlier, R&D-
countries to engage in a regular exchange of intensive capital-goods imports from high-
information and policy assessments. Sabel and income countries are associated with higher
Reddy (2002) provided a conceptual sketch of TFP in developing economies. Further, spill-
such a ‘‘learning to learn’’ framework that overs from technology-intensive imports can
could be applied to the ITT arena. The frame- encourage exports because exporters need to
work could also be devised to monitor the deploy technologies that support international
operation of subsidy programs supported by quality levels and standards.
high-income countries. Again, there is compelling evidence of verti-
cal spillovers from FDI (Javorcik, 2004; Saggi,
2002). FDI is likely to be particularly important
6. RULES OF THUMB for low-income and lower-middle-income coun-
tries. The weak investment climates in many of
Determining optimal policies to maximize these countries may justify a temporary case for
ITT is difficult. ITT depends on many factors, encouraging FDI inflows, which we would rank
including proximity to markets, size, growth, second behind open trade policies. Such incen-
competition conditions, human capital basis, tives should avoid discrimination across both
governance, and infrastructure. Significant sectors and foreign origins. Governments are
uncertainty remains regarding the extent of not good at picking winners and should focus
market failures and spillovers, complicating on encouragement of new activities. Given the
the identification of good policies. Nonetheless, possibility of coordination failures and learning
the foregoing analysis identified some rules of externalities, any incentives for new ‘‘nontradi-
thumb for policy intervention as well as a num- tional’’ activities should apply to both domestic
ber of specific proposals. We summarize the and foreign firms. Ideally, such support would
main policy implications in Table 1, distin- be financed by development assistance.
guishing between low-income, lower-middle- A third specific priority for developing econ-
income, and upper-middle-income countries. omies, especially poorer countries, is temporary
These categories are illustrative only and are international movement of technical workers
useful primarily in distinguishing between the abroad for education and training. Upper-
types of general policies that are most appropri- middle-income countries could see growing
ate for countries at different levels of develop- two-way movements in skilled personnel. Such
ment. We also suggest a rank ordering of movements are an important source of learn-
polices on the basis of likely social benefits. ing, and will also lead to establishment of net-
A main priority in all types of developing works in foreign countries that are potential
countries is effective general technology poli- markets as well as sources of knowledge.
cies, including improving basic education, China, India, and other emerging economies
building appropriate infrastructure, and reduc- illustrate the importance of having a significant
ing entry barriers for local firms that could be and sustained outflow of people who, upon
suppliers for MNEs. For local economies to their return, raise productivity. Even if they
gain productivity from ITT, such broader pol- stay abroad for an extended period of time,
icy initiatives are important. This is a complex they can be part of networks supporting trade
task that involves building human capital, and investment flows.
expanding national innovation systems, and While licensing is an important source of
appropriately protecting IPR. Lower-income technical transformation, successful transfer
and middle-income economies could gain from generally requires capacity to learn and adap-
investing in R&D support, especially as regards tive investments by local firms. Poor countries
collaborations between public research entities are most likely to achieve these gains by taking
and private enterprises, as part of their innova- advantage of mature technologies in the public
tion systems. Source (donor) countries should domain or available cheaply. Thus, specific pol-
support such investments. icies here are not as likely to be a high priority.
Turning to specific policies, the evidence sug- They could aim at improving information flows
gests that countries pursuing relatively closed about such technologies, as well as building
trade policies fail to achieve the benefits from skills and R&D capacity. Middle-income coun-
technology implicit in international trade. We tries, in which firms have engineering skills and
Table 1. A rule-of-thumb typology and examples of ITT policies

1598
Trade in goods FDI Temporary Trade in IPR General technology
movement of knowledge policies
natural persons (licensing)
Own policies
Low-income (1) Liberal access (2) Nondiscriminatory (3) Incentives (4) Improve (5) Basic (1) Basic education;
countries investment promotion for education information protection improve infrastructure;
abroad and flows about and minimum reduce entry barriers
training-related public domain standards only
movement and mature
technologies
Lower-middle- (1) Liberal access (2) Nondiscriminatory (4) Incentives (3) Improve (5) Wider scope (1) R&D support
income countries investment promotion for education information; of IPR protection; policies; improve
abroad and limited employ flexibilities infrastructure; reduce
training-related incentives for entry barriers

WORLD DEVELOPMENT
movement licensing
Upper-middle- (1) Liberal access (3) Upstream supplier (2) Encourage No active policy (4) Apply full TRIPS (1) R&D support
income countries support programs two-way mobility policies; improve
infrastructure; reduce
entry barriers
OECD policies toward
Low-income (1) Subsidize (2) Incentives for (3) Preferential (5) Subsidize (4) Forbearance (1) Support for
countries public-good-type outward flows access; subsidies transfer of public in disputes; general DC technology
imports; free trade exceeding those for for education; domain and differential pricing policies (see above);
FDI to LMICs incentives for mature for exports of IPR public and public–private
(see below) universities to technologies products; assistance research facilities
accept DC students in competition policy
in STI disciplines
and temporary
employment
Lower-middle- (1) Free trade; (2) Incentives equal (3) Wider access (4) Assistance (5) Differential (1) Support for general
income countries no controls to those granted for for education and in establishment pricing of public-good DC technology policies
own disadvantaged regions training; temporary of joint venture type IPR protected goods; (see above); fiscal
employment of DC partnerships; assistance in incentives for R&D
scientific personnel/ matching grants competition policy performed in DCs
engineers
Upper-middle- Free trade; No incentives Encourage mode No active policy No active policy No active policy
income countries no controls 4 type mobility
Notes: Numbers in parentheses indicate authors’ rank ordering of policy on basis of economic importance or anticipated payoff. DC: developing country; LMIC: lower-
middle-income country.
UNILATERAL AND MULTILATERAL POLICY OPTIONS 1599

active R&D programs, are more likely to be the Liberal policies toward, and explicit encour-
recipients of significant licensing flows. To en- agement of, labor movement through improved
hance these flows, policy efforts could focus access to educational establishments, scholar-
on reducing the costs of absorbing technology. ships, and temporary employment of graduates
The upper-middle-income economies require and professionals is a third priority area for
no active intervention in licensing, where tech- source-country action. This idea is politically
nology markets may be expected to operate sensitive and thus may be less feasible than
effectively. Note that our analysis in no case the other areas. Finally, OECD governments
supports extensive government involvement in could improve flows of public-domain technol-
selecting technologies or placing restrictions ogies with appropriate subsidies and support
on the use of technical information. the establishment of extensive price differentia-
Despite the intense focus on IPR in the liter- tion for exports of IPR products to low-income
ature, we would argue that this is a relatively developing economies.
less important area for policy, so long as IPR
regimes are tailored to levels of development
and technological capacities. In Table 1, we 7. LEVERAGING TRADE
hint at the issues and far more detail could be AGREEMENTS FOR ITT
added. 11 Thus, low-income countries would
find it advantageous to enforce basic protection Many of the suggestions made in this paper
of trademarks, trade secrets, utility models, and can be implemented unilaterally. However,
industrial designs in order to encourage both some require action in the WTO and many
local small-scale innovation and inward FDI can be made more credible by incorporating
in labor-intensive technologies. However, it is them as specific commitments. This idea could
inadvisable to move beyond minimum TRIPS be achieved as part of a new approach to
standards, while requirements for patents, SDT in the WTO that provides greater scope
plant variety rights, and copyrights should be for policy flexibility on the part of developing
as pro-competitive as possible. The LDCs countries. Alternatively, various ITT-related
may be expected to do relatively little in terms policy initiatives could be embedded in a mix
of enforcing foreign patent rights in any case. of existing and new WTO agreements.
There is a strong case for forbearance by Although binding disciplines help ensure pol-
OECD governments in pursuing enforcement- icy certainty, there is a rationale for flexible
related dispute settlement at the WTO. For government tools to encourage ITT and ad-
their part, lower-middle-income countries dress externalities in information markets.
should take advantage of TRIPS flexibilities Thus, a key option is to negotiate clear criteria
while offering somewhat wider scope of protec- that differentiate among beneficiary countries.
tion. Broad, transparent categories would minimize
The bottom half of Table 1 encapsulates pol- transaction costs and uncertainty, but would
icy recommendations for high-income source not do much to help countries achieve ITT
economies that desire to encourage ITT to poor objectives. An alternative suggested by Hoek-
countries. Here again, market access for goods man (2005) is to provide for greater flexibility
and services produced in developing countries in the enforcement of multilateral disciplines
is a priority. Fiscal incentives may be an effec- in specific areas, such as ITT-related policies,
tive means for overcoming market failures in but to accompany this with multilateral moni-
ITT. As mentioned, such financial support toring and periodic discussions among WTO
should be directed at the general technology members about the incidence and effectiveness
policies that are a top priority in most develop- of the policies pursued.
ing countries. A related issue is whether the proactive ITT
In terms of specific support policies, FDI is measures we have suggested for source coun-
most important for low-income countries as tries should take the form of binding and
they have the most to gain from investments enforceable commitments in the WTO or regio-
in ‘‘new’’ activities and from entry by efficient nal trade agreements. In some cases, such as the
foreign firms. Such incentives should be at least suggested implicit exemption from enforcement
equal to those offered for investments in OECD of TRIPS for low-income countries, a change in
countries, and, as argued above, could extend the relevant WTO rules is needed. However, in
to entry by local firms into new markets and areas that are not now covered by the WTO a
activities, including as suppliers to MNEs. ‘‘soft law’’ approach that establishes broad
1600 WORLD DEVELOPMENT

guidelines and relies on ensuring transparency be put forward in development assistance allo-
and accountability via regular multilateral cation discussions. The extent to which such re-
monitoring of performance is likely to be more quests are met should be part of the proposed
effective at increasing cooperation and compli- multilateral monitoring mechanism. The same
ance. What matters most is that ‘‘demandeur’’ is true with regard to allowing developing coun-
developing countries elucidate the need for spe- tries to pursue general technology-related poli-
cific policies and engage in a process of analysis cies and to encourage the use of specific
to identify the most appropriate instruments. channels of ITT.
Insofar as these are subsidies, proposals should

NOTES

1. See Keller (1998) for a criticism of earlier work by 6. See Correa (forthcoming) for the counterargument
Coe and Helpman (1995), the results of which may have that IPR stifle ITT as firms exploit market power.
been spurious. However, that trade embodies technical
information is evident in numerous studies, including 7. A recent example was the August 2003 decision by
Eaton and Kortum (1996) and Keller (2002). Keller WTO members to permit poor countries to issue
(2002) noted that information diffusion declines with compulsory import licenses for essential medicines, in
distance but recognized that one channel must be trade. return for effective means to prevent the backflow of
medicines to higher-price countries.
2. Similar findings apply to transition economies; see,
for example, Javorcik (2004). 8. Hoekman, Michalopoulos, and Winters (2004)
offered an extensive discussion of the need for moving
3. With intrafirm ITT, the MNE retains proprietary toward greater differentiation in SDT in the WTO.
control of the know-how, while in the arm’s-length case,
it must be provided the licensee. 9. A distinction is made between industrial research
and pre-competitive development activity. For the
4. In practice, the potential for beneficial policy may be former, the maximum amount of government participa-
frustrated by mistakes or rent seeking. tion is 75%; for the latter it is 50%.

5. In such cases, IPRs may not be effective, for often 10. A proposal by the LDC Group in the WTO, that
the technology would already have been invented they be given preferential access to a mode 4 ‘‘quota’’ as
elsewhere. The objective is to encourage imitation of part of the GATS negotiations, goes in this direction.
‘‘revealed successes’’ through entry into what are new
productive activities for the country concerned. 11. World Bank (2001) offers extensive discussion.

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