WTO MOCK
SUMMIT AND RESEARCH GROUP
AND
FACULTY OF
SOCIAL AND MANAGEMENT SCIENCES STUDENTS ASSOCIATION
BAYERO
UNIVERSITY, KANO – NIGERIA
PROGRAMME OF
WTO MOCK SUMMIT
NOVEMBER, 2014
GENEVA, 2014
TRADE RELATED
ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS) AND DEVELOPMENT OF DEVELOPING
COUNTRIES
M.M. YUSIF
DIRECTOR OF
THE MOCK SUMMIT
Introduction
WTO Mock
Summit by the students of Bayero University, Kano is ten years in 2014.
Therefore, this year we are going to celebrate the tenth anniversary of
research, media practice, theatric display, workshop, debate, etc. on global
trade politics under WTO regime.
In view of
serious and calculated desire to spread the concept of WTO, the Group is in
partnership with Faculty of Social and Management Sciences Students Association
to provide a multidisciplinary approach to the practical translation and
understanding of WTO actions.
From the
year 2008, each Mock Round focused consultation and debate of trade ideas on a
specific problem of international trade:-
1) In the year 2008 the focus
was on major trade Agreements Under WTO regime with a view to review them for
fair trade.
2) The 2009 Mock Round was on
Agricultural Trade including various aspects of Group Interest and negotiations
concerning Agreement on Agriculture.
3) In 2010 was how the 2008
global financial crisis affected Doha negotiations.
4) In 2011, was on General
Agreement on Trade in Services (GATS).
5) In 2012, “Special and
Differential Treatment” was treated and the solution and way out recommended.
6) The 2013 performance treated
the subject “Trade, Environment and Development”.
The subject
of the summit of 2014 is carefully searched and measured to carry the
importance of the tenth anniversary celebrations. So, this becomes
“Trade-related Aspects of International Property Rights and Development of
developing countries”.
The
significance of this topic is that neo-liberal globalization has come with new
challenges for intellectual property ownership as a result of increased private
power, and corporate control of the economics of the developing countries.
The Concept and the Programme of
Action
The idea of
Intellectual Property Rights is long in the literature on development of human
society. The origin of the idea in modern history could be found in the
philosophical teaching of John Locke, Benthem and logically of Karl Mark.
However,
progress in human society and the growth and expansion of private power has
made the idea very obscure and highly technical discipline usually dealt with
by experts, lawyers, companies, businessmen, etc.
The more
development of capitalism, the more of private power, the need of people to
protect their skills, expertise, know-how, ideas, etc. from piracy and abuse.
The first effort to apply the concept into practice i.e. to protect
intellectual property was in fifteenth century Greece and subsequently in
Britain in the Seventeenth Century at the time of the boiling stage of the
development of capitalism. In order to protect inventions and scientific ideas
propelling capitalism foreward.
The
development of the IPR has passed through different phases in history. From the
beginning the concern was limited to the domain of national territories so as
to protect and encourage local invention and innovative development.
Subsequently,
with expansion of capitalism across the globe, also of industrialization and
international trade, concern began to go beyond national interest. At one level
is the formation of international organizations to regulate IPR and protection
of Intellectual Property Rights.
One of the
most important methods of IPR protection is the enactment and enforcement of
international treaties. Secondly is to make domestic laws and regulations to
complement the international treaties, in form of patent, copyright, trademark,
etc. to protect inventions and innovations.
Existing
international treaties include the Paris convention and the Berne convention.
The first deals with protection of industrial property such as patents,
trademarks, service marks, trade names, utility models, industrial designs and
invention. The second provides reciprocal copyright protection in each of the
signatory countries. It “establishes the principle of national treatment and
provides for protection without formalities, independence of protection and
certain minimum rights”.
Other
Agreements before TRIPS focused on specific type of Intellectual Property such
as:-
Þ Patent co-operation Treaty:- Provides for a Unified standard for application
of a Patent Right internationally.
Þ The Madrid Protocol:- Allows a trade mark owner to file a single application that could
protect the mark in multiple countries, rather than do country by country.
Þ Madrid Agreement:- To tell source of Goods.
Þ Madrid Agreement:- Registration of Marks.
More are Hague
Agreement (1925): Nice Agreement (1957); Lisbon Agreement (1958); International
convention for the protection of New varieties of Plants (1961); Locarno
Agreement (1968); Trade Mark Registration Treaty (1973); Budapest Treaty
(1977); and Nairobi Treaty (1981).
The above
protect patents protection of copyright and could also be seen in other International
Agreements as the Rome Convention (1951); Geneva Convention (1971); Brussals Convention
(1974); and Madrid Multilateral Convention (1979).
The Agreement
on Trade-Related Aspects of Intellectual Property Rights, known as TRIPS is
widely considered the most relevant intellectual Property Treaty. The signing
of the TRIPS Agreement raised the discussion on intellectual property to a
different level. The fact that the Agreement came as a result of trade
negotiations showed a new approach that was to be taken on matters related to
intellectual property.
The reality
of the new approach is that the TRIPS Agreement not only increased the level of
obligations of all areas of intellectual property protection, but also linked
it to other items on the international trade agenda. Furthermore, since it came
as a result of Uruguay trade negotiations it is under WTO regime and is
enforced by the WTO.
TRIPS
Agreement has many provisions for protection of IP. Article 1 (1) Says “members
must set minimum standards of protection”. But that 1 (2) provides that
“Members are not prohibited from implementing in their law more extensive
protection than is required by the TRIPS Agreement”.
The major
elements of protection of IP are found in Part II of the Agreement. The
Agreement “defines intellectual property as all categories of intellectual
property that are the subject of section 1 through 7 …namely copyright and
related rights, trade marks, geographical indications, industrial designs,
patents, layout-design (topographies) of integrated circuits, and protection of
undisclosed information (trade secrets)”.
Looking at
the TRIPS Agreement closely, one could say that it laid down principles which
harmonized and globalised strong and tight control of the IPR System which is
not in favour of industrialization and generally of development of developing
countries.
Indeed, the
Agreement has wider implication for development of developing countries in a
way of access to medicine, dissemination of technology, and management and
ownership of biodiversity, etc.
Regarding
the response of the developing countries, they do not accept this programme of
undermining their economies. They did not have the chance of opposing it during
the Uruguay Round, because the whole package of the trade negotiations came to
them with pressure to give their support as is a big promise for them to
develop.
At the Doha
trade negotiation meeting the developing countries exploded and demanded for
review of Uruguay Round Trade Pact. The Doha Declaration had proposed to
address three issues concerning the intellectual property rights:
1) TRIPS and Public Health;
2) Extension of the protection
of geographical indications to products other than wines and spirits; and
3) The convention on
Biodiversity.
However, a
considerable progress had been made to address number one above, by amendment
to TRIPS, incorporating a waiver to enable developing countries to issue
compulsory licenses to obtain cheaper generic versions of patented medicines
and also an additional 10 years, i.e. till 2016 to incorporate pharmaceutical
patents. Nevertheless, this amendment hardly changes the power relation against
Public Health in developing countries. As in Uruguay Round of negotiation,
there is another agreement i.e. General Agreement of Trade in Services which
directly threatened public health.
The WTO
Mock Summit 2014 will explore deeper these and other issues related to the
subject. When the Briefing paper comes out, the theoretical perspectives would
be detailed. Meanwhile the following issues about IPR would be researched and
reported as Commission Reports by the Chairmen. These are:-
1) Overview of the TRIPS
Agreement.
2) Problems of Implementing TRIPS
in developing countries.
3) The impact of the
International patent System on Developing Countries.
4) Intellectual Property Rights
Law and abuse of copyrights-related rights.
5) Relationship between TRIPS
Agreement and Biodiversity.
6) TRIPS Agreement and Public
Health: Access to medicine.
7) TRIPS and development of
Industry: A threat to industrialization.
8) Intellectual Property Rights
Regime before TRIPS.
9) IPR Regime and the
globalizing Economy.
10) Threats to Intellectual
freedom: A case of information Law in Nigeria.
11) IPR and Economic development
in developing countries.
12) Nigeria: An assessment of
National IPRs Policies.
These and
other issues which may come from the participants would be the focus in the
coming Briefing paper or In-house workshop to be addressed by the Group
Resource Persons, as well as in the training that will precedes the mock
summit.
The WTO
Mock Summit debate of this year is to be on: Intellectual Property Law
infringement in Nigeria: a dialogue on Copyright and the Universities.
As the stalemate
of WTO continues, the 2014 mock summit is a Mini Minesterial conference – of a
consultative form – organized by the WTO Secretariat. The chairman of the
Summit is the chairman of the General Council of the World Trade Organization.
It holds in Geneva. So, it is called Geneva 2014.
Members of
General Council and Heads of Various Commissions and Panels of the Mock Summit
1) Umar Ibrahim Babuga - Chairman
2) Lawan AbdulMutalab - Director
General
3) Abdullahi Baaba - Director Media Crew
4) Isaac Johnson Wisdom - Director
of Research
5) Kabiru Achimugu - Head of Commission
6) Ahmad Awaisu Lamido - Head of Commission
7) Yahaya Muhammad Nura - Head
of Commission
8) Aisha Wodi - Head of Commission
9) Murtala Hassan - Head of Commission
10) Tijjani Falalu - Head of Commission
11) Rabi’u Bala Tijjani - Head of Commission
12) Someone from Dept. of Mass Communication
13) Mujahid Abdullahi - Head of Commission
Trade Delegates and Observers
1)
Ahmad Usman Sani
2)
Ahmad Lurwan Khalifa
3)
Johnson Isaac Wisdom
4)
Sunday John Dominic
5)
Salamatu Ibrahim Muhammad
6)
Hassan Seyid Ishola
7)
Simon Achin Aondongu
8)
Mohammed Musa Dahiru
9)
Zainuddeen Abdussalam
10) Adamu Wudil Muhammad
11) Zahra Mustapha
12) Adamu Yusuf
13) Muhammad Umar Faruk
14) Levi Terfa
15) Angela Bello
16) Mubarak Jamiu Suleiman
17) Liman Abdullahi Usman
18) Nasidi Abdullahi
19) Ameen Taofiq
20) Shamsudeen Salisu
21) Yakubu Haruna
22) Hussaini Hussaini
23) Jibril Ishaq Kishimi
Selection of Countries to Send
Delegates
1)
United State of America
2)
European Union
3)
Japan
4)
Canada
5)
India
6)
China
7)
South Africa
8)
Brazil
9)
Australia
10) New Zealand
11) Russia
12) Cuba
13) Venezuela
14) Mexico
15) Nigeria
16) Kenya
17) Ghana
18) Zimbabwe
19) Thailand
20) South Korea
Observers
v UN
v IMF
v World Bank
Members of the Organizing Committee
1) Umar Ibrahim Babuga - Chairman of the Summit and of the Org.
Committee
2) Lawal A. Abdulmuthalib -
Director General and Secretary of Org. Committee
3) Sunday John Dominic - Director of ICT of the Summit
4) Abdullahi Baaba - Director of
Media Crew
5) Abdullahi Shehu - Director of
Security (Military)
6) Rabi’u Bala Tijjani - Director of Security (Civil)
7) Yakudima Muhammad - Director of Human Right
8) Muawiyah Ibrahim - Director of Fund Raising
9) Johnson Isaac Wisdom - Director of Research
10)Nura Yahaya Muhammad -
Director of WTO Summit Debate
11)Mohammed Musa Dahiru -
Director Publicity
12)Ibrahim Isah - Director Soccer Competition
13)Salamatu Ibrahim Muhammad
14)Mohammad Garaba Abu-Bakr
15)Murtala Hassan
16)Zubairu Ahmad Musa
17)Alhaji Aminu Aminu
18)Zahra Mustapha
19)Tijjani Falalu
20)Mujahid Abdullahi
21)Kabiru Achimugu
22)Adamu Yusif
23)Muhammad Umar Farouk
24)Ahmad Lirwan Khalifa
25)Simon Achin Aondongu
26)Zainidden Abdulsalam
27)Nalela Artimas
28)Ahmad Usman Sani
29)Hassan Seyid Ishola
30)Aisha Wodi
31)Ahmad Uwaisu Lamido
32)Sabdat Salami - FOSSAMSA Representative
33)Abdullahi Umar Shanono - FOSSAMSA
Representative
34)Haruna Yakubu - FOSSAMSA Representative
35)Adamu Wudil Muhammad - FOSSAMSA
Representative
36)Abdullahi Usman - FOSSAMSA Representative
Terms of Reference
1)
To provide general logistic for successful WTO Mock
Summit 2014.
2)
To publicize both within and outside the campus, the
principles governing the work of WTO as well as the mission and vision of the
Mock exercise.
3)
To mobilize financial resources for successful
execution of the project.
4) Any other thing which the
Committee is assigned to do.
List of Committees, Chairman and
their Members
a) Fund Raising Committee
1) Muawwiya Ibrahim - Chairman
2) Adamu Ahmed Wudil - Member
3) Farouk Hamisu Suleiman - Member
4) Zainudeen Abdulsalam - Member
5) Murtala Hassan Mohammed - Member
6) Sanusi Isah - Member
7) Salamatu Ibrahim Mohammed - Member
8) Shamsudeen Salisu - Member
9) Umar A. Musa - Member
10)Liman Abdullahi Usman - Member
11)Nasid Abdullahi Usman - Member
12)Abbas Abdulkadir - Member
13)Dzekah Levi Terfa - Member
14)Aisha Wodi - Member
15)Zahra Mustapha - Member
b) Human Right Committee
1) Yakudima Mohammed - Chairman
2) Isiaq O. Alabi - Member
3) Jibril Ishaq Kishimi - Member
4) Rufa’i Muhammad Rimin Gata - Member
5) Abubakar Jamilu Salisu - Member
6) Yakubu Haruna - Member
7) Salisu Yusuf - Member
c) Debating Committee
1)
Yahaya Mohammad Nura - Chairman
2)
Umar A. Babuga - Member
3)
Lawal A. Abdulmuthalib - Member
4)
Johnson Isaac Wisdom - Member
5)
Ahmed Usman Sani - Member
6)
Aisha Wodi - Member
d) Event Planning Committee
1)
John Sunday Dominic - Chairman
2)
Achin Simon Aondongu - Member
3)
Artimas Nalela - Member
4)
Muhammed Zuwairat Alhassan - Member
5)
Sani Murtala Mohammed - Member
6)
Ahmad Awaisu Lamido - Member
7) Salami Sabdat - Member
WTO Mock Summit Debate
Topic:- Intellectual Property Law Infringement: A
Dialogue on Copyright Legal Principles and Universities in Nigeria
WTO Mock
Summit Public Lecture
Topic:- Intellectual
Property Rights and Economic Development of Nigeria
Resource
Persons and the Research Group
1)
Hassan Hassan Suleiman - Department of Economics
2)
Dr. Aminu Aliyu - Department of Economics
3)
Dr. Ibrahim Lawan - Department of Biological Sciences
4)
Malam Mainasara - Department of Mass Communication
5)
Dr. Habib Nuuman - Department of Sociology
6)
Professor Kamilu Sani Fagge - Department of Political Science
7)
Dr. Saidu Dukawa - Deartment of Political Science
8)
Malam Saidu - Department of Political Science
9)
Malam Ibrahim Mu’azzam - Department of Political Science
10) Malam M. M. Yusif - Department of Political Science
M. M. Yusif
Director WTO Mock Summit and
Research Group
