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TRICKS
AND TRIPS: FOERIGN INVESTMENT AND KNOWLEDGE TRANSFER REVISTED Sir
Arthur Lewis Memorial Lecture Castries,
St. Lucia, January 25, 2002 NORMAN
GIRVAN[1] INTRODUCTORY REMARKS It
is customary on these occasions to speak of the honour felt at delivering
a lecture in memory of a great man. Yet I can say so with sincerity; for
Sir Arthur was indeed an icon to my generation. Like the “3 Ws” and Sir
Garfield Sobers in cricket, CLR James in politics, Norman Manley in law
and Dr. Eric Williams in history, he was a leading member of a band of
West Indian pioneers that shattered colonial assumptions of racial inadequacy
by their brilliance combined with a consistent commitment to excellence.
In so doing he inspired pride and a collective belief in ourselves. Sir
Arthur was appointed Principal of the University College of the West Indies
the same year that I left school and faced a decision whether to study
economics at a Canadian University, where I had been offered a place,
or at the University College of the West Indies, where I had been offered
a scholarship. When I heard that this famous St. Lucian economist, the
first West Indian in so many accomplishments, was coming home to head
the UCWI, that helped to make up my mind. The three years I spent on the
Mona Campus during the Lewis era were among the most memorable of my life;
forging a deep sense of Caribbean identity that set me off on the personal
and professional trajectory of the past 40 years.
I was very happy indeed when, in 1999, I was able to play a significant
part in the naming of the Sir Arthur Lewis Institute of Social and Economic
Studies at the University of the West Indies, the result of a merger of
the former Institute of Social and Economic Research with the Consortium
Graduate School of Social Sciences. On that occasion we were honoured
with the presence of Gladys Lady Lewis, as indeed we are this evening.
Of
course, at one stage of his career Sir Arthur was also strongly criticised
by my generation of economists. He never allowed this to bother him, maintaining
always his grace and good humour. I well remember the last occasion on
which I saw him, when he was being honoured at the Annual Conference of
the Caribbean Studies Association in Barbados in 1989. He listened for
over two hours with a bemused expression to the tributes being heaped
upon, including some by his erstwhile critics. When he finally took the
stage, it was to tell an anecdote. This famous Senator, he said, was always
being bitterly attacked by one of his opponents who had never met him
personally. When the Senator finally met his critic, he enquired as to
the reason for the vitriolic attacks. “Well”, said the critic, “you are
so famous and so many people say so many good things about you, I figured
there must be something wrong with you”. Sir Arthur, of course, had the
last laugh! In any case there is nothing wrong with criticism per se, for no one is infallible and polemic is part of the cut and thrust of academic and policy debate. But I have to say that most of the criticisms of the “Lewis model of Industrialisation by Invitation” were unjustified, in the sense that many of the policies carried out in Lewis’s name were not those that he espoused. For instance, he proposed a West Indian Customs Union as an integral part of his industrialisation strategy, but that never happened. He also pointed to the limitations of the domestic market and proposed export oriented industrialisation; instead, Governments practiced national import substitution. Conditions also changed from those in 1949-1950 when he wrote his famous articles on West Indian industrialisation and Lewis was often the first to point this out and to suggest new policies. For instance in the 1960s he pointed to the emergence of a high wage economy, argued that this was a factor in the persistence of unemployment and proposed an incomes policy to keep labour costs competitive. This did not make him popular at the time; but today the country with one of the most successful incomes policies, Barbados, is also one of the best performing economies in the English speaking Caribbean. [1] Secretary General, Association of Caribbean States and Professor of Development Studies, University of the West Indies. This is a slightly edited version of the lecture as delivered. The views expressed are not the official views of any institution with which I am associated. Mail: ngirvan@acs-aec.org TRICKS OF THE TRADE It
is not the employment aspect of the Lewis industrialisation strategy that
I wish to discuss tonight, but another aspect that is sometimes overlooked.
This is the transfer of technical knowledge and entrepreneurship to local
people that he believed foreign investment would bring about.
In a widely quoted passage taken from his famous article on the
Industrialisation of the British West Indies, Sir Arthur made the following
argument: …..
foreign capital is much less dangerous in manufacturing industry than
it is in agriculture or in mining. The effect of bringing in foreign capital
is to increase the national income, and, if the local people are thrifty,
they can build up savings which in due course enable them, having learnt
the tricks of the trade, to set up in the business themselves. They
cannot do this in agriculture or in mining if all the local natural resources
have been signed away, unless they can persuade the foreigners to sell—and
foreigners tend to be clannish, and refuse to sell. But in manufacturing
industry there is no such barrier. Once the local people have learnt the
job and have built up their own savings, they can go right in. There is
thus much less danger to the sovereignty of a people from the influx of
foreign capital into manufacturing industry than there is from its entrenchment
in land or in mining. (Lewis 1950: Para. 115; emphasis added)[2]. In
other words, Sir Arthur believed that knowledge could and would be transmitted
relatively smoothly from foreigners to locals, that there would be no
significant barriers to the entry of local capitalists in manufacturing,
and that local technological innovation would proceed on the basis of
local entrepreneurship. In this lecture I will use the idea of “learning
the tricks of the trade” as a metaphor for these three inter-related processes:
knowledge transfer, growth of local entrepreneurship, and local innovation
(although admittedly, these processes are far more complex than the phrase
implies). I shall be reviewing some of the evidence on the contribution
of foreign investment to these processes, and pointing to the influence
of the regulatory environment and the implications of the WTO in this
context. I
should begin by observing that there is universal acceptance among economists
of the crucial importance of knowledge transfer and innovation in economic
growth. Sir Arthur himself was no stranger to the subject, as shown by
his extensive treatment of it in his magisterial work The Theory of
Economic Growth. More recent statistical research attributes upwards
of two-thirds of the growth of productivity in developed countries over
several decades in the 20th century, to the effects of improved
technology and technological learning. So the role and contribution of
“the tricks of the trade” to economic development are, if anything, of
even greater importance than suggested in the passage quoted. [2] Reprinted in Vol. II of his Collected Papers, pp. 872-873 FOREIGN INVESTMENT IN THE CARIBBEAN Next,
let us trace in broad outline the evolution of policies towards foreign
investment in the English speaking Caribbean since Lewis. The 1950s and
the 1960s were the heyday of foreign investment promotion, using incentives
such as tax holidays, subsidised loans and factory space, and tariff protection.
The 1970s were the decade of economic nationalism, with nationalisations
and localisations of foreign owned companies in many industries. Since
the early 1980s the policy pendulum has swung back in favour of foreign
investment as a result of the privatisation and liberalisation policies
promoted by the international financial institutions and with the incorporation
of intellectual property and investment within the scope of the World
Trade Organisation (WTO) Treaty.
For
example, a Caribbean Trade and Investment Report published by CARICOM
in 2000 observed, “member
states have over time made considerable policy changes to create a conducive
and enabling environment for foreign investment”[3].
It cites a study on the Comparative Attractiveness of Investment
Locations prepared by the British firm Matthew Stamp PLC and based on
professional judgments and the perceptions of investor opinion, which
graded investment locations in 8 areas: (i) market access to the USA and
EEC; (ii) political stability; (iii) security; (iv) domestic infrastructure
(utilities); (v) international transport links; (vi) investment incentives;
(vii) free zone incentives; and (viii) English language compatibility.
The results rank the English speaking Caribbean as a whole on par with
Southeast Asia, and ahead of East Asia. Within the region the highest
scores are by Barbados, St. Kitts and Nevis and Antigua and Barbuda[4]. Another
indication of the favourable investment climate in the region is the relatively
high level of stocks and flows of foreign investment in recent years.
During the 1990s the English speaking Caribbean received US$10,673 million
of foreign direct investment. Energy projects in Trinidad and Tobago were
the single largest recipient of these flows (US$4,335 million, 41%), but
there were also significant inflows to tourism, manufacturing, telecommunications,
financial services, information processing, agriculture and mining; and
these were spread fairly well over all the member states[5].
Relative
to its size the English speaking Caribbean does very well in attracting
foreign investment vis-à-vis the rest of the developing world. In 1997
the contribution of foreign direct investment to total gross capital formation
averaged 28 percent for 13 CARICOM economies compared to an average 16
percent for Latin America and the Caribbean and 10 percent for the developing
world (Table VII.12, p.216). In the same year the ratio of the stock of
FDI to annual GDP for 11 CARICOM countries averaged 70 percent compared
to 17 percent for Latin America and the Caribbean and the same figure
for the developing world (Table VII.11, p. 215). [3] CARICOM 2000, p. 219 [4]
CARICOM 2000 Report, Table VII.14, p.218. St. Lucia is not graded in
the report. [5] The data in this and the following paragraph are taken from the CARICOM 2000 Report, Table VII.11 and VII.12; pp. 215-216 KNOWLEDGE TRANSFER So
that on the whole the region does not have a problem with the attraction
of investment inflows. The issue for us here is how far they lead to the
transfer of knowledge and entrepreneurship, the “tricks of the trade”.
We have had some 50 years of experience since Lewis made his famous prognosis
on this, an experience that covers many countries and many industries,
and our research knowledge in this area is very uneven, with large gaps.
This makes it misleading to attempt to generalise from particular cases.
The experiences of St. Lucia and Antigua in tourism could be quite different
because of differences in the host environment; and the experience of
tourism on the whole will certainly be different from that of natural
gas because of differences in the scale of capital and the kind of technology
used. Let
me give some examples. In the mid-1970s I was the coordinator of a research
project on the transfer of technology and the development of indigenous
technological capabilities in CARICOM countries that covered several sectors
and involved researchers who were scientists and engineers as well as
economists. It was found that in the oil and bauxite industries, the foreign-owned
companies did quite well in developing operating skills among local people
in the production operations. Where the problem lay was in the downstream
capabilities associated with the long term development of these industries—like
planning, strategic marketing, process technology, product development
and project engineering[6].
These activities tend to be carried out by the parent companies in their
home countries. Locals hardly get exposed to them; and there is no question
of forming local companies to take over these operations because of the
industries are vertically integrated nature and the foreign multinational
companies control the downstream operations. The role of local companies
is confined to being subcontractors in the construction of infrastructure
and the supply of goods and services. The situation in the sugar industry
is similar in some respects—for example the parent firms carry out strategic
marketing and product development. This
is fairly consistent with the picture Lewis painted back in 1950s. Foreign
control over technology and marketing is one reason why, when some Caribbean
governments nationalised or localised mining and export agriculture industries,
they usually ended up asking the old owners to come back to run the operations
or to provide vital services. Let
us turn to the situation in manufacturing industry. The research found
that locally owned firms were strongly involved in manufacturing production
using technology supplied by foreign multinational firms in sectors such
as pharmaceuticals, consumer goods, machinery and equipment, chemical
products, recording, and printing and publishing. The normal practice
was that the local firm would enter into a contractual arrangement with
a foreign supplier for the use of machinery and equipment, process know-how,
product specifications, trademarks and brand names, technical assistance
and marketing techniques. In principle this provided opportunities for
the management and staff of the local firm to engage in technological
learning and eventually to do without foreign technology.
The
problem was that the terms of the technology contracts did not provide
these opportunities, or severely limited them. Many of the clauses were
designed to prolong the dependence on the foreign supplier, to restrict
adaptation, assimilation and diffusion of the imported technology. This
was the situation in Trinidad and Tobago and Guyana, as found by Maurice
Odle, and in Jamaica, where the study was done by Owen Arthur (now Prime
Minister of Barbados)[7].
For example of 71 agreements in Jamaica, 67 percent had secrecy and confidentiality
clauses, 65 percent had obligations not to use technology after the expiry
of the agreement, and 15 percent had grant back provisions obliging the
recipient to hand over technology improvements to the licensor (Arthur
1985: 216). [6] See Farrell (1979) for an insightful treatment of the petroleum industry of Trinidad and Tobago [7] Odle 1985; and Arthur 1985 If
you think about it this makes good business sense from the foreign supplier’s
point of view, for it is the proprietary technology and trade secrets
that that is the source of his profit. The local firm didn’t mind too
much, for it was producing for a protected market and was assured of its
extra profit. Both sides were happy. But this gave import substitution
a bad name, for the local consumer suffered and industry never developed
its own technology and export dynamism. This
situation was by no means unique to the Caribbean. It was typical of most
developing countries and indeed typical of the practices of multinational
firms that license technology, whether to developing or other developed
countries. As a result during the 1970s many developing countries began
to pass laws and regulations to regulate the terms of technology contracts
to prohibit these restrictive clauses and to require firms to do more
to pass on the foreign technology to local firms. India, Brazil, the Andean
Community, and the Republic of Korea were among the countries that did
this. (CARICOM never got around to doing this because the Community never
adopted common policy on foreign investment although there was a proposal
on the table to this effect for several years). The developing countries
also pushed strongly for an International Code of Conduct on Technology
Transfer under the auspices of the United Nations Conference of Trade
and Development UNCTAD that would limit restrictive practices and oblige
firms to transfer technology. Something
else of interest was also happening at this time. Firms in several developing
countries were succeeding in using their relationships with multinational
firms as a means of accessing and ultimately mastering foreign technology--in
learning the tricks of the trade, as it were. This was happening in South
Korea in textiles and garments, textile machinery, automobiles, shipbuilding,
and electronics; in India in heavy equipment and machinery; in Singapore
in software engineering; and in Brazil in petrochemicals. These success
stories all tended to have certain features in common. First, there was
usually a conscious government policy to push domestic firms to use their
agreements with foreign firms to assimilate foreign technology. Sometimes
this was done through the regulatory environment and sometimes by means
of tax incentives and financial assistance. Governments also invested
substantially in technological educations and training so that domestic
firms would have an abundant supply of skilled manpower on which to draw. The
second feature common to the success stories was the presence of aggressive,
technologically minded management within the successful firms. These managers
consciously strived to ensure that their firms assimilated foreign technology
and engaged in technological learning. They and saw this as an integral
element in their business strategy and a key objective of the relationship
with their foreign partner. They invested in training for technical and
professional staff and in adaptive research and development. There
are success stories from the Caribbean too, and management attitudes always
turn out to be a critical success factor. In the 1980s I studied a Jamaican
firm manufacturing welding electrodes, which had mastered the production
technology originally acquired from its foreign suppliers and improved
on it by means of conscious strategies for the assimilation of process
know-how, the adaptation of manufacturing equipment and the modification
of formulations for the specifications of electrodes[8].
The strategies paid off in terms of profitability and competitiveness,
as the firm acquired its sole competitor on the domestic market. On
the whole, some progress was being made in the developing world up to
the end of the 1970s. But the whole climate changed in the 1980s. Most
of the developing world was afflicted by a foreign debt crisis and the
effects of the economic slowdown in the world economy. Countries became
desperate for foreign currency. The international financial institutions
stepped in and told them that if they wanted loans they would have to
liberalise their investment laws and regulations, lower their import tariffs,
abolish import controls and generally allow foreign and local firms a
free rein. The effort to introduce an UNCTAD International Code of Conduct
on Technology Transfer was abandoned. And the developed countries, led
by the United States, began a drive to introduce technology into the terms
of the General Agreement on Tariffs and Trade (GATT) agreement in the
form of Trade Related Intellectual Property Rights—TRIPS. This was the
Uruguay Round that resulted in the establishment of the World Trade Organisation
WTO in 1994. [8] See article by Girvan and Marcelle (1990) WTO AND TRIPS The
TRIPS agreement came against the background of the emergence of technology
a key factor in national competitiveness and economic performance.
Intellectual property rights (IPRs) are one of the principal ways
in which the results of R&D are exploited. IPRs are patents, copyrights
and related rights, trademarks, geographical indications, industrial designs,
layout designs of integrated circuits and trade secrets. These are important
sources of competitive advantage for firms in industries that are research
and development intensive, such as chemicals, drugs, plastics, engines,
turbines, electronics, industrial control and scientific equipment; or
where marketing relies on brand names and product recognition, such as
food and beverages; where copyright is key, such as publishing, software,
music and film; and design intensive industries like clothing and automobiles.
What
TRIPS does is to set detailed minimum standards for the protection of
intellectual property rights with which all members of the WTO are required
to bring their national legislation and treatment into conformity. In
patents, one of the key areas, the freedom that previously existed for
countries to determine the areas of non-patentability, the duration of
patents and the set of exclusive rights conferred by patents have all
been removed and replaced with universal provisions. The minimum life
of a patent is fixed at 20 years, patents are to be granted without regard
to the place of invention, the kind of technology or whether the product
is to be produced locally or imported. Similarly,
geographical indications that were previously protected only by a small
number of countries must now be recognised by all countries. Copyright
protection for 50 years has been extended to software and data compilations
and rental rights for music, films and computer programmes; on pain of
criminal proceedings and prescribed penalties for copyright piracy. Protection
of trademarks has been harmonised and strengthened. Industrial designs
are to be protected for a minimum of 10 years. There
are three effects of the TRIPS agreement that are now seen to be of particular
concern to developing countries. The first is the general, overarching
concern about access to technology. The theory behind providing universal
minimum standards of protection is that people will have an incentive
to spend money on research and development of new products and processes
because of the assurance they will be able to make returns on their investment.
The reality is that R&D in technology intensive industries requires
vast sums of money and most of it is carried out by large multinational
firms and very little by developing country firms.
For example, the average cost of developing a new pharmaceutical
compound is said to be US$200 million.
Developed countries carry out some 74 percent of world R&D
expenditures and firms based in these countries own the vast majority
of the world’s patents. The
heightened standards of protection afforded by TRIPS reinforce the technologically
dominant positions of these firms and reduce the pressure on them to share
technology. For instance, it has been noted that in 1995 80 percent of
technology transfers by US firms were made to their own subsidiaries abroad
compared with 69 percent in 1985[9].
Nonetheless developing countries should learn to use IPRs more aggressively
to protect their own cultural products and geographical indications, such
as rum, reggae, soca, and Carnival. The second concern relates specifically to pharmaceuticals and public health. Prior to TRIPS developing countries like Brazil, India and Egypt had refused to recognise many patents for pharmaceutical formulations that are essential to public health, and encouraged local firms to manufacture generic substitutes for branded medicines at a fraction of the cost. With TRIPS, these countries are now being required to change their laws to recognise the patents held by pharmaceutical firms. There is some room to manoeuvre, because TRIPS allows compulsory licensing of patents that are essential for public health and nutrition. Compulsory licensing allows a government to authorise the use of a patent for these purposes under certain conditions, including the payment of reasonable compensation. [9] Stillwell and Monagle 2000, p. 2 However,
the difficulties of using the TRIPS Agreement for this purpose are shown
by the experience of South Africa when it tried to access cheap anti-AIDS
medications. South Africa has one of the highest incidences of AIDS in
the world, with over 10 percent of the population HIV positive.
Patented drugs are available
to slow the advance of AIDS, at a cost to the individual patient of US$10,000-$15,000
per year. Cheaper generic substitutes can be manufactured, for example
in India, at one-hundredth of the cost. In 1997 the South African government
passed a law to allow the cheaper drugs to be imported and/or manufactured
on the grounds of a national health emergency. The Pharmaceutical Association
and a group of 39 international drug companies immediately challenged
its legality, citing the TRIPS agreement, The South African government,
AIDS activists and NGOs mounted a huge international campaign and eventually,
faced with much adverse publicity, the drug companies dropped their opposition
to the Act in April 2001. In the ensuing four years there were over 300,000
AIDS-related deaths in South Africa. Now contrast this with what happened during the recent anthrax scare
in the United States. The patent for the leading antidote to anthrax,
known as Cipro, is held by the Bayer Company, which markets the drug at
a relatively high price. Within a matter of days after the first confirmed
case of anthrax infection, the Bush Administration faced enormous pressure
to grant compulsory licenses to other companies for the manufacture of
generic Cipro. Within weeks, Bayer had agreed to halve the price of Cipro
to the government in the interest of public health. There were, I think,
five anthrax-related deaths in the US during the recent scare. During
the recent WTO Ministerial Meeting at Doha, pressure from the developing
countries resulted in the Doha
declaration on TRIPS and Public Health[10]
that significantly clarified the right of members to grant compulsory
licenses on the grounds of national emergency. The problem for small developing
countries like those in the Caribbean (which has the highest incidence
of AIDS in the world after sub-Saharan Africa) is that most of them lack
a domestic pharmaceutical industry with the capability to use compulsory
licensing. They would need to engage on so-called “parallel importing”,
making special arrangements with countries like India and Cuba. And the
provisions for parallel importing are not spelt out in the Declaration.
So developing countries still have to do a great deal of technical work
and hard political bargaining within the TRIPS Council in order to make
use of the declaration. Third,
a notable aspect of the TRIPS agreement is the extension of protection
to plants and plant varieties. Developing countries possess most of the
world’s biodiversity and are the source of genetic resources, for example
medicinal plants, of great value for agriculture and industry. But they
lack the financial and technological resources needed to develop and commercialise
their plant varieties. In the past 20 years a small number of firms have
secured dominance in agricultural biotechnology using the new science
of genetic engineering. By now the top 10 global companies in the pharmaceutical,
seed and agrochemical markets account for 36 percent, 40 percent and 82
percent respectively in their respective global markets[11].
There is now the possibility that such firms could genetically modify
plant varieties originating in developing countries, take out patents
on them and substitute them for the original varieties, in effect appropriating
ownership over the products of their genetic resources. The TRIPS agreement allows protection to be based both on the sui generis systems traditionally prevailing in developing countries, or on patents, or on a combination of both. If the developing countries are coerced—or conned--into accepting the patenting of plant varieties or even living organisms, this could have a number of negative consequences; for example prohibition of re-use of saved seeds by farmers; not allowing breeding based on protected varieties, extension of monopoly rights over important crops, and increased concentration of farm ownership and in the seeds industry. The recommended strategy here is for the developing countries to develop and institutionalise their own sui generis systems of plant protection, in order to guarantee farmers rights for the re-use of seeds and the breeding of new varieties. [10] See WTO (2001) [11] See the article by Stillwell and Monagle (2000), p. 4; citing RAFI, The Gene Giants: Update on Consolidation in the Life Industry, 1999 On
balance, then, TRIPS has reduced the scope for learning “the tricks of
the trade”; but it has by no means eliminated the opportunities entirely.
The developing countries were pressured into accepting TRIPS as part of
the WTO as a result of the changed balance of power following the debt
crisis and the neo-liberal policies of the Reagan-Thatcher era. There
was also the threat of unilateral action to restrict the market access
of developing countries, especially under the Super 301 US legislation.
Finally, there were generous promises of the benefits that would flow
from expanded trade and investment under the WTO. Many
of these have failed to materialise, and in the run-up to the 4th
WTO Ministerial at Doha the developing countries found a renewed determination
to resist the pressure for a new round of trade liberalization negotiations
until the implementation issues outstanding from the Uruguay Round were
resolved to their satisfaction. One result of this was the Declaration
on TRIPS and public health. Another was the agreement that negotiations
on new issues will be launched at the 5th Ministerial only
on the basis of explicit consensus. The English speaking Caribbean played
major role, as part of the developing world, in bringing about this result.
Over the next two years, much political determination and technical negotiating
skill will be needed to ensure that the modest concessions secured in
Doha are turned into specific implementable provisions. CONCLUSION Let
us remember, though, that laws and regulations only help to create an
enabling environment. I mentioned that two of the features common to success
stories in the developing world were a supportive government and aggressive,
technological oriented management of domestic firms. Mastering the tricks
of the trade require these no less than it needs more favourable conditions
for the international flow of technology. Half
a century ago Sir Arthur Lewis expressed a mixture of pessimism and hope
in the final paragraph of the Industrialisation of the British West Indies: .where
is the drive to come from? A visit to the British West Indian Islands
at the moment is a depressing experience. Everyone seems to be waiting
for something to happen, but the traveller is never quire able to discover
what it is that they are waiting for. Some key is needed to open the door
behind which the dynamic energies of the West Indian people are at present
confined. The key has obviously been found in Puerto Rico, where the drive
and enthusiasm of a people hitherto as lethargic as the British West Indians
warms the heart and inspires confidence in the future. The British West
Indians can solve their problems if they set to them with a will. But
first they must find the secret that will put hope, initiative, direction
and an unconquerable will into the management of their affairs. And that
is the hardest task of all[12].
In
the half-century since Sir Arthur wrote this there have been ups and downs,
advances and reversals, but progress has been undeniable. And underlying
this and everything else he wrote about the region is his confidence in
the innate capacities of the West Indian people. We can no better honour
the memory of this great West Indian, than by justifying the confidence
that he placed in us. [12]
Lewis (1950); Para. 153; p. 891 in his Collected Papers REFERENCES Arthur,
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