Reduction of Emissions of Greenhouse Gas (GHG) from Ships - Prevention of Pollution of the Marine Environment from Vessels - page 116

countries will fulfil the UNFCCC principle of CBDR without offending the IMO
principle of non-discrimination. 78 This group also suggested that, in order to ensure
that the most vulnerable countries are not adversely affected, these revenues should
primarily be allocated for least developed countries (LDCs) and small islands
developing states (SIDSs). 79 However, developed countries voiced serious reser-
vations against this approach and stated that before any negotiation for MBMs, it is
pertinent to establish mechanisms for facilitation of technology transfer and
funding for capacity building in order to enable compliance with new technical
and operational regulations.
One of the major debate issues in technology transfer is developed countries '
stringent intellectual property protection. Angola, China, Jamaica, Nigeria,
South Africa and Venezuela stated in joint submission:

As a legal and policy measure, intellectual property is potentially both an incentive and an
obstacle to the transfer of technology. Intellectual property rights, as private rights, have
been established and conceived as instruments to promote innovation and the dissemination
of knowledge. It has been stated by a number of experts that an excessive scope or level of
protection of IP rights might stifle innovation or make access to knowledge more difficult or
costly, especially for developing countries. In any policy context, a balance between the
protection of IP rights and the promotion of public objectives, such as the transfer of
technology, is necessary.
...

the effective implementation by developed country Parties of their commitments on
transfer of technology is inherently linked to the extent to which developing country Parties
are required to implement their own commitments..... 80

The issue of assistance and technology transfer is still a hotly debated issue in the
negotiation process. In the IMO MEPC 64 held in October 2012, Brazil, China,
India, Peru, Saudi Arabia and South Africa submitted that priority should be given
to “the adoption of an ambitious MEPC resolution to ensure financial, technological
and capacity-building support from developed countries for the implementation of
regulations on energy efficiency for ships by developing countries”. 81
At MEPC 64, a draft resolution on Promotion of Technical Co-operation and
Transfer of Technology relating to the improvement of energy efficiency of ships
was submitted by some developing countries. These included Angola, Argentina,
Brazil, China, India, Jamaica, Nigeria, Peru, South Africa and Venezuela. 82 There
was a clear division between developed and developing countries regarding the

78

Ibid, para 6.

79

Ibid, para 20.

80

Promotion of Technical Cooperation and Transfer of Technology relating to the improvement of
energy efficiency of ships, Submitted by Angola, China, Jamaica, Nigeria, South Africa and
Venezuela, IMO Doc MEPC 64/4/24 (27 July 2012).
81 Further work on GHG Emissions from Ships, Submitted by Brazil, China, India, Peru, Saudi
Arabia and South Africa , IMO Doc MEPC 64/5/9 (27 July 2012) at p. 3.
82 Draft MEPC resolution on Promotion of Technical Co-operation and Technology Transfer
relating to the improvement of energy efficiency of ships, Submitted by Angola, Argentina, Brazil,
China, India, Jamaica, Nigeria, Peru, South Africa and Venezuela, IMO Doc. MEPC 64/4/30
(27 July 2012).