Essay on "Global Trade"

Essay 8 pages (2288 words) Sources: 4 Style: APA

[EXCERPT] . . . .

Globalization and Intellectual Property Rights

The issue of preserving intellectual property has long been a morass of legal and philosophical entanglements for both the originators and the consumers of media and information. In the current free trade context driving the future development of global relations, this issue takes particular precedence as we struggle today to find balanced ways to compensate corporations, artists, entertainers and the portals through which they are delivered to us. Piracy, a term used throughout history to describe all manner of counterfeiting and marketing of ill-gotten or illegal contraband, today almost automatically conjures up thoughts of 'file sharing' on the internet. This new frontier for the exchange of intellectual properties has evolved into an abyss of piracy forums and file-sharing operations, as well as into a host of legal pacts that have a determinant impact on global economic relations. These conditions feed into a discussion on globalization and intellectual property, driving the examination here regarding the way that the former has significantly altered our understanding of the latter.

Complex Global Transformations:

Among the most challenging global transformations has been that relating to the protection, distribution and compensation associated with the conveyance of intellectual property. The correlation between the proliferation of online and mobile communications technologies and the deconstruction of sovereign trade barriers has helped in one respect to fuel ever greater opportunities for commercial exchange. But this same correlation has made information, data and media that much more accessible
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and, consequently, that much easier to replicate, distribute and consume without compensation for its originator. What makes this issue most particularly complex is that is highlights a distinct philosophical divergence between the developed and developing spheres. There is a decided difference, for instance, between how Canada and the United States treat the protection of intellectual property and how that same property is treated in contexts such as China, the Middle East or Southeast Asia.

As our technology and borders begin to suggest a free-flow of information and ideas, developed nations such as Canada and the U.S. have scrambled to find ways of protecting the path to compensation for the owners of intellectual property. Simultaneously, nations in the developing sphere have attempted to use this new access to consume the same pharmaceutical patents, films and musical recordings (to name a few intellectual properties) that are enjoyed in the West. Herein, we can see the impasse the drives the present discussion.

Theme:

The central theme of this discussion revolves on the steps taken by members of the developing sphere to impose protections against the exploitation of intellectual property. Specifically, in discussion a case such as Canada, we understand that there is a clear cut dividing line on how different culture's perceive the concept of intellectual property. By no coincidence, those cultures where the greatest wealth of intellectual property originates are the same developed economies that thrive on the profitability of these properties. Thus, defense against copyright infringement and counterfeiting has become an important dimension of each developing nation's globalization strategy.

So denote the efforts of the CSA group, a member of the Canadian Anti-Counterfeiting Network (CACN). According to the text by Toderian (2013), the CSA "works in cooperation with other stakeholders to bring the issue of the dangers posed by counterfeits to the attention of government, the legal community, law enforcement and the Canadian public in order to raise awareness and enact positive changes. It has worked proactively through the association to promote awareness with Members of Parliament to help increase legislative enforcement of counterfeiting and intellectual property crimes and has previously presented to the House of Commons Standing Committee on Industry, Science and Technology." (Toderian, p. 1)

The article highlights just how central a theme this has become for the governing authority of a number of developing nations. In this case, legislation has been proposed that would ratchet up efforts to detect and prevent the import or export of counterfeit goods across Canada's borders. It also underscores the key theme of this discussion, which is the sharp divergence of perspectives on this matter that have been revealed by globalization. While many participants in the global market from the developing sphere perceive intellectual property restrictions as being driven largely by Western profit-lust, the reality demonstrated here is that intellectual property protections can be an important line of protection for the public safety as well. According to Toderian, the efforts and improving certification review in Canada are prompted by the importance of consumer protection in addition to the protection of intellectual property originators. Accordingly, Toderian, reports that "in Canada, all electrical and gas products must be certified and marked in order to be sold legally. Counterfeiters know that in order to fool consumers into thinking products are certified, they must fake not only a brand name but also a certification mark. Because the fakes are not certified, they may not contain required safety features or use toxic materials, putting consumers at risk of injury or death." (Toderian, p. 1)

Two Articles:

There are a number of articles in circulation today that help to highlight the core issues that make this discourse so complex. For instance, the argument posited by Nayyer (2002) is that the general thrust must be toward a continued strengthening of intellectual property laws. Nayyer makes the assertion that a great deal of complexity must be overcome first, but that the general push today is toward a global policy that improves rather than erodes the protections for intellectual property. This comports with the notion that the interests of public safety and economic growth are paired. However, the article proceeds with a clear recognition of the ideological difficulties in pursuing this global shift. Nayyer notes in quoting one critic on the subject, "one of the biggest mistakes one can make when considering the globalization of intellectual property law is to assume away the increasingly contentious politics of the phenomenon. This is not to say that the emerging politics of international intellectual property law are simple, easy to understand, or unchanging - quite the contrary is true. However, we should resist the understandable tendency to reach for a quick, technocratic set of Procrustean tools that assume away the 'messiness of the world' and make it seem that concepts such as 'sovereignty' and 'property' should be, are, or always have been, particularly stable constructs." (Nayyer, p. 1)

The essential 'messiness' to which Nayyer refers is essentially the significant gap between developed and developing sphere, not just in their approach to intellectual property, but even in their possession on the political and economic structures to support intellectual property protections. In a sense, the article by Archibugi & Filipetti (2010) echo this assertion, that the global community is moving toward a greater acceptance and employment of intellectual property protections. The article takes the same position that this is the ultimate goal that must eventually align our collective global values on the subject. However, by contrast to the more conceptually driven article by Nayyer, Archibugi & Filipetti argue that in fact the greatest force driving the advancement of intellectual property protections is the global legislation serving as an umbrella policy for the world community. With the World Trade Organization (WTO) sponsored Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the article argues that we have a powerful instrument in ultimately bringing the world to a coalescence on global property issues.

The article also points out that under these terms, it is incumbent upon those members of the developing sphere to take steps toward understanding and aligning with the policies and values of their developed sphere counterparts. As the text advises, "in order to catch up, developing countries should put specific policies in place to nurture their absorptive capacity through the creation of appropriate infrastructure and human resources. Competence building is not hampered by Intellectual Property Rights (IPRs). Developing countries should concentrate on active learning policies to acquire the knowledge of the most industrialized nations." (p. 137)

Point of Contention:

In spite of these strong assertions above, dictating the responsibility of the developing sphere to adjust to global intellectual property rights, the challenges to achieving this remain considerable. As we have noted in the discussion on the primary themes at play in this discussion, there is a considerable philosophical difference between the developed and developing sphere on this question. One of the major reasons is the scale of the various economies that now interact across global lines. There is a clear proclivity toward stronger intellectual property protections as a nation's economy becomes larger and more stable. This denotes that for many nations in the developing sphere, achievement of strong intellectual property protections is seen as a major obstacle to the proliferation of affordable consumer goods. Indeed, some in the developing sphere would even argue that there is an inherently democratic impulse to proliferating affordable counterfeited materials to populations that can't access or afford the real thing. This is the major point of contention that drives any discussion on the present subject, with globalization bringing us… READ MORE

Quoted Instructions for "Global Trade" Assignment:

OVERVIEW

This paper will require you to do some research on a dimension (form) of globalization that is of interest to you. In this paper, you will follow a specific process that is designed to help you think clearly and retrospectively about your topic. Your paper should exceed 2500 words, which normally work out to about 7 pages of written discussion. This paper not a report; it is a critical response.

Responding versus Regurgitating

Regurgitating something you read means simply repeating (without thinking about) the text, facts and points in the article(s) or books you read. In many vocational programs, students are frequently asked to prepare reports and regurgitate or re-phrase information that is available to them. Unfortunately, there is often little room for critical analysis in a simple report.

Regurgitation means you are simply summarizing and haven*****t been thinking critically. This paper should be a critical response, not a regurgitation.

A response is much more complex than a regurgitation. A response requires you to analyze something from multiple perspectives. Most themes in globalization are represented by both pro- and anti- globalization perspectives.

In your response, your task is to identify and describe BOTH the pro- and anti- globalization rationales for your selected topic.

In a good response, you ask and answer relevant questions, explain your reasoning, and clarify your ideas. If you make an assertion, you will have to defend your claim and prove the validity of your interpretation by supporting your point of view with new facts and information that often contrasts with the facts and information in the article(s) you criticize.

Regurgitating means shallow, uncritical writing; responding requires questioning. Questioning is a search for meaning and involves critical thinking. Your response should raise questions regarding the authors***** point(s) and idea(s). In the end, you may sympathize with one perspective more than another; in fact, you should do so and state your reasons for falling on one side of the debate, all things considered.

The perspective or position you take in your critical response should contrast with the position taken by one of the author(s) whose published article(s) you criticize. Your response should criticize the article(s) and question the authors***** idea(s), logic or philosophical position.

Critical responses to the comments of other participants in the course may be used, if properly referenced, but may comprise only a small portion of your response. You should emphasize the published article(s).

It is expected that participants in the course will have already developed the basic skills necessary for writing a critical response.

Structure your response using the following guidelines and steps (d through g). Use section headers to identify each of the following steps.

a) Select one of the many complex global transformations affecting our social world today.

b) At the start of your paper, identify the theme in the course that your paper will address.

c) Choose at least two interesting articles related to your theme in which the authors take contrasting positions on the theme. Be prepared to show how the authors differ in their understanding of the issue or theme. Ensure your theme has global implications and is not an issue limited to Canada, although you certainly must demonstrate how Canada and Canadians are affected; you earn marks by showing this. A critical response is like an essay but it conforms to the steps indicated below.

Following these 4 steps (d through g) earns marks.

d) Regurgitation - In this assignment, the first step is to identify the author(s) and source(s) and summarize what has been said, reported or written. In fact, in this section you are doing a simple report, simply repeating what the authors have said and their main arguments. This will require some paraphrasing of the author(s). You should also include at least one direct quotation attributable to the author(s) with a proper citation. Direct quotes should be limited to no more than two complete sentences each. This portion of your response will contain little, if any, of your own opinion and will be essentially a regurgitation of what you*****ve read.

Citation of the sources of your authors***** articles here is critical. Without proper citations, the instructor will not be able to refer to the articles you are using for your critical response. Whether you use APA or MLA methods of citation (the APA method is recommended at Georgian College), complete citations are required. Further details on this are included in later in this document.

e) Question ��" Question the validity of an idea, position or statement made by an author you read. This is your *****˜Point of Contention.*****

The Instructor will look for this and award marks for explicitly stating your objection or question. State your reason(s) why you are questioning the author(s). In this step, you do not need to defend your own position. Your purpose is to raise doubt and question whether something you*****ve read is valid. In this step, your task is not to prove that your author is wrong, although in the final step you may wish to make this assertion. There will likely be some truth in what every author has to say and you will be frustrated if you attempt to show why your author is *****˜dead wrong***** or *****˜doesn*****t have his facts right***** or other such things.

You should be able to do this part of the assignment before conducting your research. The instructor may require you to produce this step separately for evaluation as evidence of your planning, work and effort in the preparation of your critical response. This is what makes your assignment a critical response and not simply a *****˜report***** or regurgitation of information. You should keep this portion of your work in a separate file.

f) Research - You must be able to point to textual and other evidence that contrasts with the views of the *****˜Criticized Author***** you have decided to question. Again, your citations are critical. The purpose of your research is to provide support for the objection you raised in the previous step. Therefore, the intent of doing research is to get information that not only supports your alternative view but contrasts with that of the *****˜Criticized Author.***** Provide facts, data, surveys, pictures, et cetera and references to articles which state either fundamental facts or arguments which might suggest the Criticized Author*****s ideas or assertions are not valid and should be reconsidered.

This information in this section should come from a variety of sources and may take 4 or more pages of text to explain. In this section, you will thoroughly discuss all aspects of the global issue you choose to examine. You will, in effect, come to know more about this issue than anyone you know, even, perhaps, your instructor!

g) Response - Do not simply react.1 A response to something usually means you have formed an opinion or made a judgment based on your new understanding and knowledge. Use the information gathered in the previous step to defend your response and judgments as if you are attempting to convince another person, who may disagree with your interpretation, that your perspective is more worthy. In this section, you put your reputation on the line. Beware that radical views and opinions on issues and global social problems are much more difficult to defend. Usually, it is much easier to defend a common or more mainstream position and defend it against radical views.

PROCEDURE

1. Organize your paper ��" Items d-g (above) should be organized sequentially and separately (use subheadings). Substantial marks are earned by organizing your paper according to items d through g. Do not use your own organizational structure (if any).

2. Prepare a cover page for your CRP with the appropriate information (especially your name) according to APA formatting.

3. Provide a list of factoids, graphs, data tables or other esoteric information, include it as an appendix to your paper ��"

you earn marks for this - (an appendix may be a picture, chart, diagram, drawing, graph or other information that is too large to include in the main body of your response and is attached at the end of your document). By doing this, your written response is not interrupted by a visual insertion. When using factoids, you should categorize your information and make use of bullets under each category. However, bulleted information must be presented in proper, grammatically correct sentences, unlike information typically presented in a chart.

4. Make use of your appendices in the body of your response. DO NOT simply attach something as an appendix to the end of your response and fail to inform your readers where to find it.

5. Prepare a citation for EACH information source you use as you gather your information. This will save you enormous time later on trying to remember and re-locate your sources of information. You should build your list of citations as you go along, adding items to your list every time you use a new source of information. Most people will identify and use several different sources of information. Identify BOTH electronic and physical sources of information you use.

Use a database article as one of your sources; you earn marks for this. You should include a *****˜persistent link***** or

*****˜permanent link***** to the article in your references or at the end of your written analysis. A *****˜persistent link***** is not the same as a citation. Persistent links are *****˜permanent***** ��" unlike the *****˜temporary***** links on most internet sites that can easily disappear overnight ��" and are necessary for some databases since you cannot copy items or text from the database articles as they are proprietary (and not owned by Georgian College). However, since Georgian College pays for a license for these databases, you can create a persistent link which you can cut and paste into your Microsoft Word document. Then, by clicking on the link, others can conveniently go directly to the article to read it because it in *****˜permanent***** and your instructor an also easily find it.

6. Using APA style (Georgian*****s standard), place an *****˜in-text***** citation immediately after each direct quote or (when you

paraphrase) at the end of the paragraph which contains ideas, concepts or text you have borrowed from the resources you use in the preparation of your assignment. For lengthy articles, include the page number.

7. Prepare a citation for EACH information source you use as you gather your information. This will save you enormous time later on trying to remember and re-locate your sources of information. You should build your list of citations as you go along, adding items to your list every time you use a new source of information. Most people will identify and use several different sources of information. Identify BOTH electronic and physical sources of information you use.

How to Reference "Global Trade" Essay in a Bibliography

Global Trade.” A1-TermPaper.com, 2013, https://www.a1-termpaper.com/topics/essay/globalization-intellectual-property/8343509. Accessed 6 Jul 2024.

Global Trade (2013). Retrieved from https://www.a1-termpaper.com/topics/essay/globalization-intellectual-property/8343509
A1-TermPaper.com. (2013). Global Trade. [online] Available at: https://www.a1-termpaper.com/topics/essay/globalization-intellectual-property/8343509 [Accessed 6 Jul, 2024].
”Global Trade” 2013. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/globalization-intellectual-property/8343509.
”Global Trade” A1-TermPaper.com, Last modified 2024. https://www.a1-termpaper.com/topics/essay/globalization-intellectual-property/8343509.
[1] ”Global Trade”, A1-TermPaper.com, 2013. [Online]. Available: https://www.a1-termpaper.com/topics/essay/globalization-intellectual-property/8343509. [Accessed: 6-Jul-2024].
1. Global Trade [Internet]. A1-TermPaper.com. 2013 [cited 6 July 2024]. Available from: https://www.a1-termpaper.com/topics/essay/globalization-intellectual-property/8343509
1. Global Trade. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/globalization-intellectual-property/8343509. Published 2013. Accessed July 6, 2024.

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