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    Interview: Prof. Chidi Oguamanam On “Intellectual Property In Global Governance”

    Published on 10 January 2014 @ 8:04 pm

    By , Intellectual Property Watch

    In this interview, Intellectual Property Watch’s William New sat down with Prof. Chidi Oguamanam, a professor in the University of Ottawa Faculty of Law, to talk about his recent book, “Intellectual Property in Global Governance: A Development Question.” The book, published by Routledge, covers issues of the knowledge economy, structures and regime dynamics, human rights, agriculture, traditional/indigenous knowledge, traditional cultural expressions/folklore, and management of intellectual property in global governance.

    Intellectual Property Watch (IPW): Could you please tell us about the book?

    Chidi Oguamanam (CO): The first thing that will strike you is how the work brings the concept of global governance into IP analytical framework. Normally, when you talk about global governance, it resonates with the social and political scientists, administrators, development and international relations practitioners and miscellaneous actors at the global level, but hardly with those involved in IP law and policy. So, this work adds to the new trend in interdisciplinary exploration and understanding of IP.

    IPW: How does the book address international organisations and IP policy?

    CO: Most discussions about IP have been about regimes and institutions, such as WIPO, WTO, UNESCO, FAO, WHO, UNCTAD, etc. These include core IP regimes and institutions as well as those that are peripheral in regard to the subject of IP. But rarely has there been an attempt to weave the operational dynamics of these actors and institutions within the framework of global governance with a dedicated focus on IP.

    The book explores how has IP has increasingly become ubiquitous in almost all critical sites of international law and policy, including trade, development, health, agriculture, environment, climate change, biotechnology and ICTs and their ramifications for north-south relations which constitute an integral aspect of global governance dynamic. Seldom would you see literature that maps the tension and dynamics around how IP is implicated within the broader framework of global governance. In this framework, we debunk the tendency to construe IP as a strict legal regime and as a neutral construct. The global governance paradigm explores how a variety of actors (old, new, and emergent) and their interests converge within the complex sites or international forums. And we see IP issues retain a perpetual pressure and constitute a level of high tension and political horse-trading in different forums, the aggregation of which help to tease out the interface of IP and global governance.

    IPW: So the book looks at governance in a new way.

    CO: The whole concept of global governance is not really a concept of global government but rather how actors and interests come together in a complex interplay of issue linkages that now shape and shift interests around innovation, intellectual property and creativity.

    Among other things, what you see is a text that engages in a comprehensive exploration of hot button IP issues, ranging from what the book characterises as the interface of “four Bs” – biodiversity, bioprospecting, biotechnology and biorevolution – as a conceptual outlook for understanding familiar discourses around traditional knowledge, access to medicines, food security, access and benefit sharing over the utilization of genetic resources in multiple innovation contexts that have ramification for the most vulnerable in the global south. In this matrix, we are able to appreciate how IP is engaged in a contested manner around knowledge governance with largely inequitable outcome.

    IPW: What are the implications for IP policy?

    CO: Over the last several decades, IP has been a target of maximalist protection strategies that have been contested within and across regimes in a manner that reinforces the traditional asymmetrical power relations between the global north and south. But with the rise of so-called medium-level powers of the global south such as Brazil, India, South Africa and, if you like, China, and their economic alignment under the BRICS banner, it remains to be seen how much leverage these countries have to shape the future direction of IP policy.

    Because of the significant prevalence of poverty in the demographic of these countries and the urgency for development, it may be appropriate to expect that they are likely to influence global IP policy direction in a less maximalist or protectionist direction toward a more public interest oriented direction. However, doubts remain whether these regional players would perpetuate the status quo of maximalist IP protection when they attain what Peter Yu characterises as the “cross-over point” as technologically strong IP exporters.

    END

    For more information about the book:

    Routledge: http://www.taylorandfrancis.com/catalogs/routledge_research_in_law/1/11/

    Amazon: http://www.amazon.ca/Intellectual-Property-Global-Governance-Development-ebook/dp/B0076XCPHK

     

    William New may be reached at wnew@ip-watch.ch.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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