Tuesday 28 October 2014

POL. 3314: POLITICS OF DEVELOPMENT AND UNDERDEVELOPMENT SUT-TOPIC: INTELLECTUAL PROPERTY RIGHTS AND DEVELOPMENT





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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