The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)452 contains
provisions relating to technical co-operation that could be helpful in the sphere of education.
By analogy with TRIPS, States should provide assistance in the preparation of laws,
programmes and policies relating to education. Further, States should assist in preventing
violations of the right to education. States should also provide support for the establishment
or reinforcement of domestic offices and agencies relevant to these matters, including the
training of personnel.453
TRIPS also requires developed countries to provide incentives to enterprises and institutions
in their territories for the purpose of promoting and encouraging technology transfer to less
developed country members in order to enable them to create a sound and viable
technological base.454 Similarly, the Revised Recommendations concerning Technical and
Vocational Education require States to share intellectual property, including research and
development, for the benefit of learners in all countries and situations.455
International community
According to internationally recognised principles, the international community, including
international organisations and NGOs, has an obligation to assist and co-operate in the
realisation of the right to education456 and, in particular, to alleviate the constraints that
prevent some countries from achieving the goal of Education for All.457 The international
community must take responsibility for the coordination of international assistance activities.
New efforts and commitments are necessary. The international community must commit
funds and expertise, including technical expertise and resources, in order to contribute to the
realisation of the aims of education. This will require the adoption of measures that augment
the national budgets of the poorest countries or serve to relieve heavy debt burdens, since the
452
TRIPS is a WTO agreement which sets down minimum standards for the protection of intellectual
property rights in the WTO member States. TRIPS requires States to provide technical and financial
co-operation in favour of developing and least-developed country Members.
453
See TRIPS, article 67.
454
TRIPS, article 66(2). Similarly, Agenda 21 includes a chapter on the transfer of environmentally
sound technology. Agenda 21 is a comprehensive plan of action established by the UN Department on
Economic and Social Affairs to be taken globally, nationally and locally by organisations of the United
Nations system, governments, and major groups in every area in which humans impact on the
environment.
455
Revised Recommendations concerning Technical and Vocational Education, article 93(c).
456
For example, the CESCR has stated that where a State is clearly lacking in the financial resources
and/or expertise required to “work out and adopt” a detailed plan of action for the progressive
implementation of free and compulsory education, the international community has a clear obligation
to assist: CESCR General Comment No. 11: Plans of action for primary education
E/C.12/1999/4 10 May 1999 at para 9. See also para 34 of the Limburg Principles.
457
World Declaration on Education for All, article 10(2).
142