Showing posts with label China. Show all posts
Showing posts with label China. Show all posts

Wednesday, 19 November 2014

Afro Ng'ombe

The Illusionary Rise of Africa

St Andrews logo from name tag Are the BRIC countries intensifying Africa’s dependent position in the global political economy?  This was the question presented by Professor Ian Taylor yesterday at his presentation in Chicago.

This Little Leo had the privilege of attending the program, which was hosted by the University of St. Andrews, thanks to the graciousness of her little sister.  (Her sister studied abroad there, and so took her along as ‘friend of an alum’ despite the topic not being on the top of her “interesting things to do on a Tuesday night” list.)

Africa Rising?

We are all very familiar with the “Africa Rising” language.  On this blog alone, we’ve covered it many times: as early as a 2008 review of Vijay Mahajan’s book titled Africa Rising, a 2010 JIPLP article review, INTA’s Africa Rising initiative in 2012, an update on it in 2014, highlighting The Economist’s 2013 “Africa Rising” cover, WIPO’s 2013 announcement to open regional offices on the continent, and recently the EU and US desires to be part of the movement with their summits.  Look at all this great stuff happening!  Look at all the attention!  Surely, Africa must be rising.  Everyone says so, and after all, three people produce a tiger.  Could we really all be wrong?

Yes, says Professor Taylor.  Africa is not really rising.  It is an illusion.  This illusion is accepted by so many people because it is produced by applying economic measuring tools that work (or at least are presumed to work)* for developed countries to developing country economies.  Namely, GDP growth is used as the measuring stick for development.  However, Professor Taylor points out, GDP is computed using the location of value origin without considering where the value actually winds up.  In the case of most African countries, the rising GDP numbers are triggered by exporting of commodities, raw resources whose true value is added and kept outside of the source countries.

The true direction of change

Professor Taylor explained his point with some charts and graphs.  One showed the mimicking shadow of Africa’s GDP against the global commodities market.  The former is nearly completely reliant on the later.  For the continent as a whole, 80% of all exports are commodities, for Western Africa, 90%; for Central, a whopping 98%.  Because commodity prices are high and the commodities Africa has are in high demand, many African countries have increasing GDP numbers, which makes it look like they’re developing.  To understand the real “growth” (or lack of it), Professor Taylor recommends using a different measuring tool called Genuine Savings.  To compute genuine savings you use the following equation:

genuine savings

When this formula is used, none of the African countries on the Top 10 Growth Charts show positive numbers.  Nigeria, for example, often hailed for its development, had GDP growth of 6.7% in 2012, but it’s Genuine Savings “growth” was -10.2%.  Ouch.  Even South Africa, the usual outlier with a comparatively diversified economy is not in clear water, showing 2012 GDP growth of 2.5%, it’s 2012 Genuine Savings growth was -0.9%.  (Little Leo would like to point out a particularly interesting comment by Professor Taylor: Genuine Savings is actually the method of calculation preferred by the World Bank. Why isn’t it the standard?)

Deja Vu

The scary part is this is not new.  Africa has seen this before, particularly in the 1960s.  (This is where everyone’s alarm bells should be going off.)  This is how things were around the time that many countries were becoming independent.  Commodity prices were high and Africa’s commodities were in high demand.  Now, in this decade of jubilee celebrations, are we really just back where we started? 

There is one difference this time, it’s not the former colonists finishing up the grabs they started back in the long lost years when the Brits were the prude ones. (eg.) The current biggest exporters of these commodities are BRIC countries.  The time-frame when Africa’s “growth” started is the same time when BRIC countries became really interested in getting commodities from Africa.

BRICs Walling in Africa?

Wait a minute. (Pause for Little Leo’s comments.)  Aren’t the BRIC countries our friends, our brothers and sisters in the Global South?  They’re the ones that stood with us at Doha, that helped us create a Development Agenda at WIPO, that rally with us to tweak the global IP regime ever so much so that it can almost start to work for us.  They’re the ones that lead our collective oomph in these arenas.  Are they really hurting us by trading with us?

Again, Professor Taylor says yes.  (Unpause.)  Commodities are finite resources.  When they’re gone, they’re gone.  Relying on commodity exports to fuel the economy wedges countries into a “resource corner.”  If African countries do not start adding value within their borders, they’re going to be in trouble as soon as prices fall and needs wane.

Give Us More!

Professor Taylor ended his presentation with a call for more research on the following four issues:

  1. How can emerging economies promote sustainable development? (This is a question also asked by many IP scholars.  Perhaps there’s a chance for some overlap here or the *This section (above) is a summary of Professor Taylor’s presentation. Little Leo’s comments are in red so as to prevent her getting credit for his brilliancy or him for her lack thereof.opportunity to work with Professor Taylor.) 
  2. Exploring the difference between B, R, I, and C, etc.
  3. Implications for governance in Africa. (Little Leo sees conversations about this frequently on Twitter. The younger generation seems very much aware of the loss of value-add opportunities and understands the current barriers.)
  4. Implications for the West.

*This section (above) is a summary of Professor Taylor’s presentation. Little Leo’s comments are in red so as to prevent her getting credit for his brilliancy or him for her lack thereof.

Little Leo wasn’t able to ask her questions, like how the population’s youngness or the growing number of highly educated and influential active members of society might change the trajectory such that the next few decades are not a repeat of the 1970s and ‘80s. --She and her sister had to run to the station to catch the last train home.  (Sadly, there are no minibuses or pikipiki between Chicago and Milwaukee.)--  Before she could raise her hand, a gentleman near the back blurted out his I-clearly-know-nothing-about-Africa question, which she could have forgiven him for a little more easily if he’d at least raised his hand. 

What he asked was what anyone who hadn’t experienced the answers first-hand might have asked, “Why isn’t value being added in country?”  Professor Taylor began listing the reasons: poor infrastructure, bureaucracy, corruption, unsecure nature of property rights, etc.  So what can be done to change this?  And, primarily for our interest (because this is, after all, an IP blog and Little Leo had to get there eventually), how can IP practitioners and scholars and the IP regime help bring about value-adding within Africa’s borders?  Let’s add that question to Professor Taylor’s list above.

IP’s Role in Changing the Trajectory

A few simplistic answers to get us started.  We’ve already seen some ways in which we, collectively as the IP-savvy African movers and shakers (this Little muzungu Leo should stop lying, she cannot move or shake like an African), have worked towards increasing the ability of companies to add value within our borders.  Many of the posts linked to above in the “Africa Rising” discourse paragraph discuss these things.  Strengthening of IP enforcement is a big one and addresses part of the insecurity of property rights Professor Taylor mentioned.  A lot of this enforcement so far has been criminal enforcement against counterfeit goods, but increasing enforcement capabilities through less bureaucracy in the court system for civil enforcement and removing corruption from registration agencies are additional approaches.  Caroline Ncube’s IP Policy Reviews are a great resource to help us identify additional areas needing further improvement.

If the current “rise” is really just the balloon of Africa being blown sky high by the gusty winds of the BRIC countries’ whims, let’s switch it to a hot air balloon powered internally by our own needs, creations and developments.

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Friday, 13 June 2014

IPcommentator

Independent generic drugs manufacturing: Can South Africa pull it off?

Not too long ago, fellow Leo, Caroline Ncube, shared the news about South Africa's restructured cabinet, from which this Leo learnt that the outspoken Health Minister is still in power. It means that we should expect proactive health policies in South Africa such as the news reaching us via Independent Online (IOL). The question is: Can South Africa pull it off? [Afro Leo reminds me that South Africa did deliver on the World Cup]
In summary, IOL states that: "....South Africa set to establish its own, independent pharmaceutical plant in the next five years, aimed at making life-saving drugs cheaper for millions of citizens in need." It then elaborates that the the government currently operates local joint ventures (PPP) with Big Pharma to manufacture certain medicines/vaccines (e.g. here) and that a previous plan to establish a local manufacturing plant for anti-retroviral medicines failed last year. Further, it states that the country currently lacks adequate human capacity in pharmacology - something that is being addressed with the help of the 'world's pharmacy', India. In all, the idea behind this grand plan is to increase access to affordable medicines, create jobs, and make the country less dependent on imports. [Who are the largest exporters?]

Commentary
Good health is key to economic growth
It is generally accepted (also see e.g., here and here) that there is a link between the health of a nation's population and its economic development. [Afro Leo understands (also via here) that the UK Government created the National Health Service (NHS) because it believed that a population with good health will drive the much needed economic growth after the second world war] In a recent piece titled, 'Revitalizing Africa's Pharmaceutical Industry', the African Development Bank Group (ADBG) succinctly explained why African countries should invest more in the healthcare sector - particularly, local pharmaceutical capacity. Well, ADBG will be pleased with this news as well as with Morocco - a country looking to become the leading manufacturer of quality generic drugs.

Access to affordable medicines - A global issue
More importantly, this news also reminded this Leo about Max Planck Institute's Declaration on patents. Indeed, with access to affordable medicines, human lives can be saved for a few months or many yearsMany, this Leo included, immediately think of developing countries - especially in Africa - when we see or hear the phrase 'access to medicines'. That would be expected since there are more articles such as this one. However, what is quickly forgotten - often quite rightly when comparisons are made - is that the access to medicines problem also exists in developed countries.

Take the UK as an example: there are news headlines (unsurprisingly, some are inaccurate) such as 'NICE rejects kidney cancer drug everolimus' and 'England's cancer drugs fund under strain as NICE rejects oncology medicines'.[More of these can be found herehereherehereherehere and here] Most argue that the patent regime (due to R&D) plays a role behind these headlines. Could these be used to validate Max Planck's observation that IP (especially, patent) problems are not exclusive to developing countries? 

There are tricky (often moral) questions in the access to medicines debate including the impact of IP rights on affordability. Anyway, if this news is true, time will tell if it's a good idea for the government to be handling this sort of project or to focus on creating conducive and favourable conditions for the private sector to deliver the grand plan. [Afro Leo thinks that governments often like to build and, many years later, hand over to the private sector to enjoy]
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To see NICE's decisions on medicines and other related medical products, click here
For a short summary of NICE's rejections, especially cancer medicines, is here

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Monday, 26 May 2014

Jeremy

Chinese agree to dismantle fake replica Sphinx


Via Ron Yu (thanks, Ron!) we have received news of an affront to Egypt's avowed policy (see earlier Afro-IP post here) on the protection of its most celebrated cultural assets -- including the Great Sphinx of Giza. A giant replica of the Sphinx has been erected in China, in the Shijiazhuang district of Hebei.  Measuring 60 x 20 metres, this replica resulted in Egypt filing a complaint to UNESCO against China. The complaint asserts that the reproduction is inaccurate -- which could actually work to China's benefit in that the Egyptian law (which does not apply in China) only sought to address exact likenesses.

There has been a sequel.  The Chinese authorities are now reported to have agreed to destroy the replica which, mysteriously has in this report grown to 80 x 30 metres.
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Tuesday, 27 September 2011

Darren Olivier

Update: TK Bill, Brand Africa and China

With only four days left to vote on the TK Bill almost 50% of the voters believe that the Bill needs serious re-drafting while 25% believe that TK is not even worthy of protection. Nobody believes that the Bill is "nearly ready". Afro Leo's attempts to email the head of the Portfolio Committee accused of "bulldozing" the Bill through - Joan Fubbs (pic) - for comment have been ignored. Please take a moment to cast your vote alongside here. For those interested in how other countries have dealt with TK, WIPO's website here is a very useful resource.

For the first time, pan-African consumers have been given an opportunity to vote for their most admired and valued brands. The continent’s most valued brands will be revealed at the inaugural Brand Africa100 Awards to be held in Johannesburg on September 29, 2011, at the Sandton Convention Centre. Brand Finance plc is responsible for the valuation work. More information here.

Meanwhile, the Chinese government recently made this statement in connection with the plight of people living in the Horn of Africa. "The international community should actively support African countries in realizing food security and development, provide greater assistance to Africa's agricultural development, and adopt more favorable policies toward African countries in terms of intellectual property, market access and technology transfer." Clarification required here please: the problem of asking for a relaxation of IP laws is that it may facilitate the spread of counterfeit goods, which mainly come from China, risking food security and general health even further.



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Wednesday, 14 September 2011

Darren Olivier

Stellenbosch IP Conference: Part 3

Mr Chen
Part 3. For the first part click here and the second here

A smile and sense of humour are incredibly disarming. Mr Chen entertained as he explained that the Chinese copy (hence they are prolific producers of counterfeit goods) because it is part of their culture of knowledge creation through sharing.  Philosophically, this aspect of their culture is diametrically opposite to the idea of exclusivity created by intellectual property laws. Understanding this is important in dealing with the problem.

Some of the audience mooted that China was in a transformation stage and would eventually become big supporters of IPRs as their knowledge based economy grew (like South Korea). Campinos (OHIM) was quick to point out though that China was beyond the transformation stage and that its influence and power was already far greater than most thought. He felt the change may come as the country moves to an "import model".

Some take home tips from Mr Chen’s talk:

1.      spend your budget on filing in China – “as far and as wide as possible”;
2.      the “famous mark” recognition procedure in China is “disappointing”;
3.      translations and transliterations should be registered but seek advice; and
4.      lobby government if your company is investing in China to aide your rights protection program but remember China is “huge”.

The afternoon started with a thorough analysis of the overlapping mechanisms for protecting “icons” ie expensive handbags in Europe and if Afro Leo is able to obtain a copy of Helen Newman’s (Olswang) slides he will share with them with you. She also discussed the current UK debate on “initial interest confusion” – something that was considered in RSA in an article by Momberg & Els - see Afro-IP post here and general analysis on IPKat here.

Fred Mostert was then back at the podium with Mr J Monahan (who worked/s at eBay) discussing the possibility of take down notices for trade marks (ie in addition to copyright). The two had obviously worked very closely together implementing the take down procedure for copyright infringements in the USA. South Africa, of course, already has its own take down procedure for trade marks which is very effective – perhaps too effective? However, an interesting insight into how big brands are forming relationships with companies like eBay (as opposed to suing them) to assist them fight against counterfeiting.

Day 2 was just a morning but a cracker: Harms, Ginsburg, Bereskin and the fresh face of SAIIPL - stay tuned for the final part 4.
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