BAYERO
UNIVERSITY, KANO
FACULTY OF
SOCIAL AND MANAGEMENT SCIENCES
DEPARTMENT OF
POLITICAL SCIENCE
POL. 3314:
POLITICS OF DEVELOPMENT AND UNDERDEVELOPMENT
SUT-TOPIC:
INTELLECTUAL PROPERTY RIGHTS AND DEVELOPMENT
INSTRUCTOR: M.
M. YUSIF
ACADEMIC YEAR:
2013/2014
Introduction
Inspite of
every crisis tendencies in development thinking and strategy of neo-liberalisation,
it remains so influential and dominant on a world scale, that we must not
ignore its logic, elements and processes of globalisation and construction of
global economy on its own vision of development to serve certain dominant
interest.
One major
element of these processes is as David Tyfied (2010) observed “the striking
rise to prominence of global Intellectual Property Rights (IPRs), particularly
the Trade-Related Aspects of Intellectual Property Rights (TRIPs) of the World
Trade Organization (WTO).
Description of the Course
The concept
of Property Rights is on the literature of the history of ideas as seen in the
philosophical work of John Locke, Benthem and logically of Karl Marx.
However,
progress in human society and the growth and expansion of private power
triggered discourse and debates on acquisition and ownership of property which
brought on the table the category of Intellectual Property Rights (IPRs). This
is not surprising as the development of capitalism, the more of private
property, the need of people to protect their skills, expertise, know-how,
ideals, etc. from piracy and abuse.
The rise of
neo-liberalism and subsequently of knowledge based economy gives IPRs its
appropriate place in the global economy. Its quite features came out openly to
scholars, policymakers, businessmen and legal practitioners as how it promotes
the interest of transnational corporations, and logically raises question about
development and or underdevelopment of countries of the developing world.
In
practical politics the Trade-Related Aspects of International Property Rights
(TRIPs) under WTO regime was opposed by developing country members of the
Organization on the term that the TRIPs is against their development.
We are
going to explore perspectives on the meaning of development including both the
WTO framework and the Doha conception to enable us understand the conflict on
TRIPs and development. As there is conflict of perspective that would naturally
lead us to examine the global politics of implementation of TRIPs Agreement.
Meanwhile,
it is important to note that scholars on IPRs are in different disciplines –
political science, Economic Science, legal studies, business studies, - with
dissimilar analystic concepts, presumptions about relevance, and methodological
techniques.
We students
of political studies recognize that IPRs in general and TRIPs Agreement in particular
have wider implications for development of weaker countries in the world system
and therefore want to understand this relationship.
The course
is divided into six parts of a single process of development of ideas and
knowledge in analysis and understanding of a complex global development
question.
One is the
context and the theory. Here we are going to situate the subject within
neo-liberalisation of the global economy which the IPRs became a mover, then of
course the meanings and view and a wide range of perspectives about
development.
Second, is
a continuation of discourse about development, but would explore specifically
about globalization, trade and development.
Thirdly is
an overview of Trade-Related Aspects of International Property Rights with a
view to rethink of it for sustainable development.
Fourthly
will treat the relationship between TRIPs and development. Some key issues such
as industrialization, agriculture, health and biodiversity would be examined.
Fifth is
that the political game of implementation of TRIPs Agreement would be open up
for discussion.
Sixth is a
consideration of some case studies – India, China, and USA.
Finally is
going to be a theoretical conclusion which would open further theoretical
questions on the subject.
Topics and Reading
1) General Introduction
Introducing
the course, topics and reading; Course Requirements; Aid for learning and
research; assessment of the teaching programme by students; socialization;
division of students into seminars.
Readings
1. Munro C.
and Rosanna D. “E-Research An Introduction to On-Line Political Scienece
Sources for Beginners (and skeptics)”. IPSR Vol. 29 No. 5 (2008).
2. Theodore J. L. “The State in Political Science: How we
become what we study” APSR Vol. 86 No. 1 (1992).
3. G. D. Garson
(1976). Handbook of Political Science method – pgs. 1 – 6; 135 – 146.
4. Margaret Starey,
Social Science Research Method pgs. 1 – 11
For Discussion
-
The problem of Nigeria is development. Does Political
Science get any explanation of this? Make reflection from the USA case as in
Theodore J. L. above.
-
Weekly assignment on method.
2) Thinking About IPRs in Political
Science
Reading
1. Richard
A. S. and Herman T. T. (2005). Intellectual Property Rights in a Networked
World: Theory and Practice. Chapter 1, 2 and 3.
2. Graham D. (1997). The
Free Trade Adventure. The WTO, the Uruguay Round and Globalism - A Critique.
Pgs. 69 – 71 and 187 – 191.
For
Discussion
-
TRIPs Agreement Promotes Protectionism rather than
Liberalisation of trade. Do you agree?
-
TRIPs Agreement Shifts more political and Economic power
to TNCs from weak Third World Countries. Comment.
3) Context and Theory (i): The
Neo-Liberal Global System
Reading
1. Makoto
Itoh (2006), “Neo-Liberal Globalisation of Contemporary Capitalism". Conference
Paper.
2. Timothy
J. Sinclair (2001), “Capitalism in the Information Age: Continuity or change”?
Lecture given to the UNU.
3. David Tyfield (2010),
“Neo-Liberalism, Intellectual Property and the Global Knowledge Economy” in
Kean B. and Vlad M. (eds). The Rise and
fall of Neo-Liberalism: The Collapse of an Economic Order?
For
Discussion
-
Neo-Liberal capitalism promotes development of market
as a means of pushing the political interest of global power while the
IPRs/TRIPs facilitate their economic domination. Discuss.
4) Multilateral Trading System:
Perspectives and Politics
Reading
1. UNCTD,
“Globalisation for Development: the international trade perspective.
2. Bernnard M. Hoekman and Michel M. Kostech,
(2009). The Political Economy of the World Trading System: The WTO and Beyond.
Chapters 1 and 2.
3. Brian H. and Steven M. (eds). (1999). Trade
Politics: International, Domestic and Regional Perspectives. Chapters 1 and 13.
4. John Whalley (1989). The Uruguay Round and
Beyond: Developing Countries and the global Trading System: Chapter 2.
For Discussion
-
The multilateral trading system is governed by common
rules but unfortunately there are diverse trading interests leading to conflict
over the rules. Comment.
-
The key challenges facing the WTO are the leading
sources of conflict and cooperation in the organization. Discuss.
5) Context and Theory (ii):
Multilateral Trade and Development
Reading
1. Gilbert Rist, The history of
Development. Chapters 1, 4 and 7.
2. Malthe
M. T. “Development Economics in the wake of the Washington consensus: from
smith to smith screans”. IPSA Vol. 29 No. 5.
3. Joseph
Stiglitz, Making Globalisation work. Chapter 2.
4. Adebayo
Olukoshi, “Globalisation, Equity and Development: Some reflections on the
African Experience”. Conference paper.
5. Graham
D. op. cit. chapter 6.
6. Basudeb
G. (ed.) (2004). The WTO, Developing Countries and the Development Agenda:
Prospects and challenges for Trade-Led Growth. Chapter 1.
7. Mike
Moore (ed.) (2004). Doha and Beyond: The
future of the Multilateral Trading System. Chapter 4 and 5.
8. Lorenzo
G. B., “Development and Development paradigms”. Resources for policy making
paper.
9. Rorden
W. (2009). “Trade and Development: Beyond the Doha Round”. JITD Vol. 3 No. 1.
10. Michael S. “The World
Trade Organization and Economic Development”. WTO Center 2005.
For Discussion
-
Dispute on: Liberalisation should be set aside because
it has failed the world to develop.
-
Examine Doha disagreement on TRIPs and AOA. Where is the
consultation on these by now?
6) Overview on IPRs/TRIPs
Reading
1. Ann
Capling (1999). “Intellectual Property”. In Brian H. and Steven M. (eds).
Trade, Politics: International, Domestic and Regional perspective.
2. WTO, The
Legal Texts. Annex 1C.
3. Japan
patent Office, Introduction to TRIPs Agreement.
4. South Centre, The Uruguay
Round Agreement on Trade-Related Intellectual Property Rights.
For
Discussion
-
The WTO-TRIPs regime is unnecessary as there are other
international conventions regulating IPRs. Discuss.
-
The Uruguay Round of Trade negotiations is best
remembered as a Round of strong global interest against the sovereignty of weak
nations. Comment.
7) WTO – IPRs/TRIPs and
Development/Health
Reading
1. Arvind
P. (1999). TRIPs and the WTO: AN Uneasy marriage.
2. Nagesh
Kumar, Intellectual Property Rights, Technology and Economic Development.
3. Paul B.
and Mombert H. (2006). “Intellectual Property and Public Health: The WTOs
August 2003 Decision in perspective”.
4. Ruth M.
“The patent System and Access to Medicine in Developing Countries: possible
cures”. (online).
5. Celso Amorim (2008).
“Pharmaceutical patents and access to medicines”. In Gary P. S. (ed.). The WTO
and Global Governance: future Directions.
For
Discussion
-
It is argued that TRIPs and the WTO are two different
principles. What does this tell about the power which controls the WTO?
-
Poor Health condition and care in developing countries
is not because of poor Health care infrastructure but of the interest of medicine
corporations who must have control over access to drugs. Comment.
8)
WTO – IPRs/TRIPs and
Development:/Agriculture and Industrialisation
Reading
1. Martin Khor
(2005). Intellectual Property competition and Development.
2. CIPR
(2002). Integrating Intellectual property and Development policy.
3. WIPO, The
impact of the International patent system on Developing countries: A study by
Gatachiew Mengistie.
4. Ruche
Tripathi, Implications of TRIPs on livelihoods of farmers in developing
countries.
5. Bullard N.
and Chanyapate C. “Ten years of the WTO: subordinating Development to free
Trade”. IPs 3/2005.
6. John
Madeley (2001). Hungry for Trade. Chapter 6.
For Discussion
-
Developing countries oppose TRPs on account that the
Agreement would undermine industrialization of the countries. How and why?
-
TRIPs is a source of food insecurity for people in
developing countries. How and why?
9) WTO – IPRs/TRIPs and
Development/Biodiversity
Reading
1.
Sophia A K. (2001). “The implication of TRIPs
Agreement for, the commercialization of Africa’s genetic resources.
2.
M. M. Yusif (2011). “Natural Properties Versus WTO –
TRIPs Agreement”. Conference paper.
3.
Ray Kiely and Phil Marfleet (ed.) (1998).
Globalisation and the Third World. Chapter 5.
4.
UN, Convention on Biodiversity (CBD).
For Discussion
-
The relationship between CBD and WTO-TRIPs is
logically conflictual but there are diverse views on development promises of
that relationship. Discuss.
10) Politics of Implementation of TRIPs
Agreement
Reading
1.
Bernard M. H. and Michel M. K. op. cit. chapter 8.
2.
Caroly Deere (2009). The Implementation Game: The
TRIPs Agreement and the Global Politics of Intellectual Property Reform in
Developing Countries.
For Discussion
-
“….TRIPs became a symbol of the vulnerability of
developing countries to coercive pressures from the most powerful countries …”.
Discuss.
-
The developing countries tested their power against WTO-regime over
resistance to TRIPs Agreement. Comment.
11) Country Study: India; China; USA
Reading
1.
Susan K. S. (2003). Private power, public Law: The
globalization of Intellectual Property Rights. Chapters 3 and 6.
2.
Robert C. B. (2008). The Global challenge of
Intellectual Property Rights. Part III.
For discussion
-
Both china, India and USA have control of large global
market for goods and services, partly because of strict protection of IPRs and
partly because of lack of political will to protect IPRs. Why?
12) Theoretical Conclusion: Review of
TRIPs for Sustainable Development
Reading
1.
Simon W. The TRIPs Agreement, sustainable development
and the public interest: Discussion paper.
2.
Fatoamata J. and Aileen K. Behind the scenes at the
WTO: The World of International Trade negotiations. Chapter 9.
For Discussion
-
Inspite of the propaganda that the developing
countries came on age of their development from Doha, yet there is nothing
about their development under WTO regime.
13) Conclusion I: Presentation and
Discussion of Seminar Research Work
14) Conclusion II: Talking about Classroom Experience;
Eating and Chatting
Additional Reading
1.
Richard N. (ed.) (2005). Trade, Doha, and Development:
A Window into the Issues.
2.
Mike M. (ed.) (2004). Doha and Beyond: The future of
the Multilateral Trading system.
3.
Basudeb G. K. (ed.) 2004. The WTO, Developing
Countries and the Doha Development Agenda: Prospects and Challenges for Trade –
Led Growth.
4.
Bernard M. H. and Michel M. K. (2009). The Political
Economy of the World Trading System: The WTO and Beyond.
5.
Graham Dunkley (2001). The free Trade Adventure: The
WTO, the Uruguay Round and Globalism – A critique.
6.
John Whalley (1989). The Uruguay Round and Beyond.
7.
Brian H. and Steven M. (1999). Trade Politics:
International, Domestic and Regional Perspectives.
8.
RIS (2007). World Trade and Development Report.
9.
Fatoumata J. and Aileen K. (2003). Behind the scenes
at the WTO: The real world of International Trade Negotiations.
10.
John H. Jackson (1999). The World Trade System: Law
and Policy of International Economic Relations.
11.
Harold S. and Andras I. (1996). World Trade after the
Uruguay Round: Prospects and Policy options for the twenty-first century.
12.
Yasuhei T., Alan Y. and Jan B. (2007). The WTO in the
Twenty-First Century.
13.
Sheila page (1994). How Developing Countries Trade:
The Institutional Constraints.
Course Requirement
Ø The
teaching of the course is by giving lectures. Each topic is expected to be
covered in one lecture period. When the duration of the semester is against my
plan some topics may be combined for treatment. However, the last 30 minutes of
each period will be for presentation and discussion on chosen text or question.
Ø Assessment
of students is based on end of semester examination (70%) and continuous
assessment (30%). The CA will be determined by obligatory weekly assignment;
active participation in discussing the assignment; a group small research
project; research project response paper; a supervised test; ICT usage;
attendance;
Ø At the end of
the semester each seminar will submit a report on classroom experience.
Ø There are
many teaching aids on my website which are recommended to enhance the capacity
of students in ICT, communicative writing, etc.
Ø In order to
purify the system of learning and research I have to take strict disciplinary
action against any student who is found on plagiarism. To avoid plagiarism you
must not copy or paraphrase someone else work and present it as your own.
Again, all texts consulted should be properly acknowledged. The penalty is that
any work found to be plagiarism will result in being assessed “00” in the
overall CA on the course.
Learning Needs Skill
Learning
even in tertiary institutions is a complex relationship of so many skills. It
requires communication skills, team work, study devices, use of modern
Information and Communication Technology, etc
The
following learning guides which I have developed for my students in the last
six years also recommended for you. They are compulsory readings for all my
students in the level 200. They can be found in my e-mail address:
They are
hereby listed below:
1)
Assessing students examination papers: Marking scheme
2)
Enhancing students capacity in learning through the
use of computers, internet and e-mail.
3)
Introducing Team/Group works in large classes.
4)
How to use internet to source reading materials.
5)
Study guidelines for effective performance by my
student.
6)
How to make patterned notes form texts.
7)
Writing Examination: A Communicative Approach
8)
How to write group semester paper in large classes
9)
How to write Book Review.
10)
Communicative writing: Exploiting the concept
11)
Taking Note in class lecture on form a Textbook.
12)
Using E-Mail for Teaching, Learning and Research.
13)
Code E-Journals and E-Books for Teaching, Learning and
Research.
14)
Code of ethics in the class of M. M. Yusif.
15)
ICT for learning and education beyond information.
16)
Criticism-self-criticism session.
17)
Guidelines for small-research project.
18)
Progress Report on ICTs for learning and research.
19)
The underlying guides and principles of teaching in my
class.
20)
Reflecting on Teaching Military and Politics.
21)
How to do research: What are the Problems.
22)
Information Age Moving with ICTs to understand the
World around us.
23)
Progress report on the teaching of Peace and Conflict
Studies.
My watch
word in this year’s teaching is whatever ideas received from me or from text
books given to read are not correct and final. You must challenge and criticize
them in order to keep learning. In this academic session endeavour to make
learning as “Education for transformation”. Get ready. Each of you is going to
show and tell us that he/she has changed, from the time we have started to the
end of the course and beyond.
M. M. Yusif
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