Competition Flexibilities in the TRIPS Agreement : Implications for Technology Transfer and Consumer Welfare

The globalisation of IPRs under the TRIPS Agreement and discretion of country members of WTO to specify in their domestic legislation to prevent IPR-related anti-competitive practices raise complex questions. This paper takes up a necessary antecedent question: what flexibilities does TRIPS allow to foster technology transfer and consumer welfare in developing countries? The paper reviews competition law and technology transfer provisions of the TRIPS to analyze flexibilities available in these provisions from the perspective of developing country members of WTO with the aim to portray significant implications of TRIPS competition rules on technology transfer and consumer welfare in developing countries. It is argued that while IPRs are globalised, technology transfer related completion law should be glocalised in developing countries according to their context and needs to foster technology transfer and consumer welfare in compliance with the TRIPS agreement