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The course will be divided into five modules. The first module will introduce the course and discuss various IPRs. It will also broadly establish the strategic relevance of the management of IPRs in the current Indian context. Module II will highlight some basic conceptual and strategic issues relating to IPRs in the context of specific types of IPRs. The role of IPRs in licensing arrangements and strategic alliances will be covered in Module III. Module IV will cover issues relating to internal assessment of IPRs and the role of reward systems, and valuation of IPRs. The final module will try to provide an integrated view of various strategic dimensions of IPRs.
The purpose of this module is to provide an overview of the course, the nature of IPRs and their strategic relevance. Sessions 1: Type of IPRs and Strategy
This session will discuss various types of IPRs including patents, copyrights, trademarks, trade secrets, industrial design, integrated circuits, plant protection and geographical indications. In addition, these sessions will provide a brief overview of the various strategic issues relevant vis-a-vis IPRs, so that the subsequent sessions can be seen in a larger context.
R. Bishnoi (1999), "How to File a Patent?", IIMA., mimeo and Indian Patent act as amended trill 2001
The recent cases relating to Neem and Haldi will be discussed in detail to sharpen the understanding of the key strategic and policy issues. The issues relating to geographical indications will also be covered here. Readings: A.K. Gupta (1995), "Patents on Neem – Part I and Part II Part - I (Honey Bee Volume No. 6, Issue No.3, July-September 1995, pp 6-8) Part – II (Honey Bee Volume No. 6, Issue No.4, October-December 1995, pp 6-8) Neem-mania, What else?, Down to Earth, November, 1995, pp.52-53 Patents on Neem: Will They Deprive Indian Farers of Their Right to Use It as a Pesticide? BiotechnologyLaw Report, 1996, pp 6-14 A.K. Gupta (1998), "Basmati and Haldi". IIMA mimeo The Geographical Indications of Goods, (Registration and Protection) Act 1999 Rewarding Traditional Knowledge and ensuring equitable sharing of benefits ( anil k gupta, 2002, mimeo, paper prepared for WIPO, Geneva)
Readings:
The main focus of this module will be to use real life cases to appreciate the strategic relevance of some specific IPRs.
Patents related issues have been most vigorously debated in India in the context of the pharmaceutical industry. Strategies open to Indian pharma firms will be discussed in the context of a few live cases. Readings:
Sessions 7: Cases in IPR and benefit sharing Many of the recent IPR related cases in India have been trademark violations. Some of these cases, including the Samsonite versus VIP case will be discussed to highlight the new challenges facing the Indian firms as the boundaries between trade-mark, trade-dress and industrial design are beginning to merge. Readings: The role of intellectual property rights in the sharing of benefits arising from the use of biological resources and associated traditional knowledge, Anil K Gupta, 2001 Case 2: India Case 3: Nigeria
Readings: Competitive Strategy for Agricultural Exports Through Value addition: The Intellectual Property Rights Perspective, AnilK Gupta, 2002 Session 10: Securing and Commercialising IPRs of Public and Private Sector Firms: The Experience of NRDC Presentation: how public sector firms deal with technology brokering
One of the main advantages of clear IPRs is that it facilitates technology transfer through licensing, strategic alliances and other types of contractual arrangements. Issues relating to these types of inter-firm linkages will be discussed here. Sessions 11: IPRs and Licensing Strategies The nature and scope of IPRs impinge on strategies of licensors as well as licensees of technology. Some key issues involved in the licensing process will be discussed here. Readings:
MODULE IV: MANAGEMENT OF IPRs: INTER AND INTRA-ORGANISATIONAL ISSUES Generation of intellectual property and its appropriability is often dependent on the way technology is commercialised. Inter-firm networks may need to be built to develop and commercialise technologies. Similarly, intra-organisational arrangements which provide rewards and therefore incentives to be innovative. Internal assessment processes of intellectual property generated in an organisation has is implications for firm strategies to protect it. These two dimensions will be covered here.
Evaluating the commercial viability of IPRs is a difficult task. Some methods used for this purpose will be discussed here. Readings:
Often appropriability of intellectual property can be enhanced through strategic alliances and networks. This is particularly the case with new technologies with high rates of obsolescence. Reading: A.K. Gupta (2002), "Strategies of NIF, and GIAN in Technological and Entrepreneurial Networking", IIMA. (Tobe circulated later) Session 14: Managing IPRs: Role of Organisational A recent case of NRDC mediated transfer of technologies developed in a public sector lab highlighted the role of internal incentive structures in strategically leveraging the technologies developed in house. In the absence of such mechanisms, all conventional methods of technology transfer (licensing etc.) may remain inadequate in appropriating the full benefits of the technology developed. Readings: S.P. Fox (1998), "Intellectual Property Management", in P.H. Sullivan (1998), Profiting from Intellectual Capital: Extracting value from Innovation, John Wiley & Sons, 142-156. Session 15: Managing IPRs: Internal Assessment of Technology Most companies have internal processes of evaluating technologies before they are patented and or commercialised. The major issues involved in this process will be discussed in the context of one company's assessment procedures? Part of the assessment mechanism (which often has to precede any R&D programme) is to search for similar or related innovations/inventions. The availability of databases has helped these search processes tremendously. Some aspects of search strategies will also be covered here. Session 16: IPRs and Environment Reading: Environmental Implications of Intellectual Property Protection (IPP): Can individual and community conservation ethic and creativity be rewarded through IPP, Anil K Gupta, 2001,UNEP, Geneva
Reading: Review of Debate in the inter-governmental Panel on Access to Genetic Resources, Traditional Knowledge, Benefit sharing and Folk lore protection, WIPO, Anil K Gupta, 2002 Session 18: Ethical Issues and INTELLECTUAL PROPERTY RIGHTS The right over life( biotechnology industry and GM crops and animals) and other related issues will be discussed in a two hour workshop Draft Report on the Follow-up of the International Symposium on "Ethics, Intellectual Property and enomics" (Working Group of the IBC on the follow-up of the International Symposium on “Ethics, Intellectual Property and Genomics”) Rapporteur: Justice Michael Kirby Paris, 29 August 2001 http://www.unesco.org/ibc/index.html Ethics & Intellectual Property Rights by Michael Gros and Rabbi Dr. Asher Meir, published in Values for Management,2001, http://www.besr.org/library/index2.html#ipr
ppts/fernande.pdf
Mechanisms for agriculture, 2001 http://www.farmfoundation.org/pubs2/ Panel drafts principles on intellectual property and conflicts 2001, MIT policy on intellectual property rights conflicts http://web.mit.edu/newsoffice/tt/2001 |
INSTRUCTOR
AREA
Centre for Management in Agriculture
SCOPE AND OBJECTIVES
In agriculture sector, the role of IPRs is becoming even more important because much of the R and D has been concentrated in public sector so far and private sector R and R is only emerging slowly. However, for technology development with in the country as well as for its acquisition from abroad or transfer to other countries, IPRs may play an important role.
The provisions of TRIPS (Trade Related Intellectual Property Rights) agreed upon by most countries of the world as the consequence of GATT and WTO require individuals and institutions engaged in inventive activity to protect the same through a harmonised patent law within a specified period depending upon the economic situation of the country concerned. Knowledge of various kinds of IPRs equip a manager and an organisational leader to not only develop mechanisms within the firms to protect the IPRs but also to acquire external intellectual property through licensing.
India has already enacted Plant Variety and Farmers’ Rights Act last year. The course will involve detailed examination of this act so that we can learn about the options for seed industry and plant cutting industry.
IPRs are increasingly becoming an important competitive instrument in the liberalising Indian economy. It is, therefore, imperative for today's managers and research scholars to have some basic understanding of the IPRs and their potential strategic relevance. Provision of such an understanding is the purpose of this course. It aims to sensitise the students not only to the international contexts of various kinds of IPRs and emerging trends in the global trade arena but also generate awareness about the basic rules involved in complying with the provisions of TRIPS.
The course will generate awareness about the strategic role IPRs play in safeguarding intra corporate as well as individual inventive activities. More specifically, it will have the following objectives:
1. Expose the participants to the basic concepts of IPRs, their coverage and scope.
2. Provide some insights into the strategic role of IPRs in the current Indian context.
3. Generate understanding of issues relating to the management of IPRs within an organisation.
4. Enable the participants to appreciate the role of policy in the strategic management of IPRs.
5. Equip the participants with some practical aspects of patent drafting and reading if necessary through interactions with external experts.
It is hoped that the course will help explore the process of negotiations involved in intra and inter organisational IPR disputes so that in future one safeguards the globally respected standards and avoids costly disputes. It will also provide some insights into the dynamics of licensing of IPRs for competitive advantage. Finally, the role of IPRs in some specific sectors of India economy such as seeds, biodiversity, herbal drugs, biotechnology, , etc., will be looked into so as to understand the dynamics of IPR protection and commercialisation better.
This course is slightly modified version of the course on the subject being taught in general PGP by Profs. Rakesh Basant and Anil K Gupta and in ABM by Prof Anil K Gupta..
Grading Scheme
It is going to be one and a half unit course and evaluation will be based on class presentations, project work and final exam:
Class Presentations 40%
Project Report 30%
Final examination 30%
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Indian Social and Political Environment |
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| Anil K Gupta | |
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PGP‑1 |
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| 2003-2004 | |
| Course Outline | |
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Recent upsurge in economic indicators seems to have made everybody quite hopeful about future. Indian democracy is maturing to live with coalition politics, as a process of explicit compromises substituting to some extent similar compulsions of factional politics. There is a new mood taking over among at least some sections of Indian society just as other sections continue to feel bypassed by the gains of economic reforms. The communal divide is taking a heavy toll of the traditions of secular polity of Indian society. But then there are always redeeming signs about those who do not succumb to the extremism of any kind. Is the time of economic recession ripe for such extremist sensitivities to emerge? |
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| The gap between the aspirations of privileged and the bypassed sections is increasing in some respects. The cynicism pervading at large among all sections but much more so among privileged section of society should cause us concern. Why do we view the potential of change with so much of skepticism? Can individuals make no difference at all? What explains the reduced role of ideology and at the same time expanded role of entrepreneurship? Is it true that with folding back of state and expansion of markets, the ethics and values will become even more central to our decision making? How do we harness the energy that emanates from core of our being, the real essence of belonging to our roots, and relating to larger social concerns? This course in that sense is an inward journey as well as outward exploration. It is expected to help us locate our own inner anchors of faith in future and also learn from others, less privileged in society for whom, having faith is a compulsion. | |
| This course has brought colleagues like T N Seshan, Maneka Gandhi, Anji Reddy, Yash Pal, Pathak of Sulabh fame, R A Mashelkar (revolution in scientific mind set), Kiran Seth of SPIC-MCAY, N Vittal, Anna Hazare ( crusade against corruption), Vijay Mahajan, Amol Karnad, N K Dhand (ethical business), Lakshman Prasad (an inventor), Bhushan Punani of BPA, Ashok Jhunjhunwala of Cordect and IIT-M, Sucheta Dalal (who exposed Harshad Mehta scam), Ashis Nandy, Pushpa Bhargav, Rajesh Pilot, Aruna Roy (Magsaysay award winner), Vijay Chandru of Simputer etc., to class in previous years. Each one of them has lighted a flame of hope. Each one of them has made a difference | |
| To what extent the individual urge to make difference is backed up by institutional capacities to overcome inertia, support initiatives and innovations and sustain changes? This is an issue that does not inspire a great degree of confidence. The social fabric is stretched. The fundamentalism is resurfacing in different garbs. The identities based on caste, region, religion, and other such affiliations are dissolving in some parts of our society and while becoming much more stronger in other parts. The paradox of several `Indias’ living together does not cause much discomfort to many. | |
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The participative approaches for social development got a new impetus when limitations of public bureaucracies became obvious all over the world including India. In the field of science and technology people realized that the interests of socially disadvantaged groups and environmental conservation need not be addressed necessarily through conventional channels alone. In the courts of law, one realizes that existing channels of appeal and counter appeal are too costly for common people to avail of. The parliamentary debates on some of the most vital problems of nation such as drought were attended by less than 10% of the members. There were several other legislations in assemblies and parliament, which were passed with very thin attendance, or no discussion at all. Electoral reforms triggered by the initiative of a few academics have generated a new hope among the cynical masses. |
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The legitimacy of the state and the mechanisms of governance are now being questioned, given vulnerability to international pressures and centrifugal tendencies within. |
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The issues before us are: Can individuals particularly those in whom state and society invest considerable resources (financial and intellectual) make a difference? |
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Whether the future managers of strategic sectors of Indian economy should merely respond to the conditions as they evolve or even shape the directions and determine the pace of change? |
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| In the current economic slowdown, importance of these issues does not need to be underlined. How will the employment of increasing work force be organized (when both agricultural and industrial sectors are bound to become more and more capital intensive)? How do we restructure the legal and administrative systems so that the activities in the buoyant informal sector do not have to be conducted in an illegitimate environment? | |
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Given slow economic growth, moderate inflation and reduced employment (and increasing redundancies), how will `law and order' be maintained in the society? What are the lessons of the recent elections? How do we explain moderation of the `right' and decline of the 'left'? Will bureaucracy and beneficiary politicians allow a regime of controls and rent seeking to dissolve? What has been the experience of other countries, which have tried similar `reforms'? Is there no hope of developing an indigenous model of reform, which builds upon the strengths of our society? |
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Thirteen sessions of this course look at the role of individuals in reforming the state and its institutions so that the confidence of under privileged does not go down. The continued decline in this confidence would sooner or later rupture the very basic fabric of the society and state structures. Do we want a democratic, fair, and just social order to be built upon privileges of us few and apprehensions and insecurity of a large, meek, mute but impatient majority? |
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Can we compromise the future of coming generations by using resources at a pace and through methods which are non sustainable? And finally, how do we make institutions - political, social, scientific and commercial - responsive to the concerns of common man and woman and appreciative of creativity and innovation at grassroots? |
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Pedagogy: |
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1. In each session students will be required to bring a one or two page note presenting their statement or concern on the subject. Better still, I will appreciate if you could send it by email to ispe@sristi.org except in the cases where contribution is based on graphics. Faculty would review these statements and present the synthesis in the last class. This would give an opportunity for the learning to take place at both the ends 'the faculty and the students'. Selected presentation can be displayed on the students' notice board. |
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2. It is proposed that different groups of students would spend some time in different institutions of public importance or with other social actors in the city and nearby places. Idea is to get a close exposure to the reality of society and politics from the perspective of disadvantaged. We will have presentations by the students in the last two classes on December 18 and 19 based on these exposures as well as other material that students would collect through interviews and library work. |
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3. Special lectures by distinguished political leaders/civil servants or business leaders are being organized as requested by the students in past. I will like to have fresh suggestions in this regard. |
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4. Students will be encouraged to organize debate or discussions on the related subject during the term in addition to the participation in the classroom sessions. |
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| 5. There will be a half a day workshop on ethics in personal and business life on December 13 at RJMCEI Auditorium between 8.00 am – 12.00 noon | |
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| A poster competition is proposed to be held on December 5 afternoon. A panel of faculty members will comment upon the posters submitted by the groups of the students and judge the same for awards. Similarly, prizes for best individual submission in the class, best group presentation and best all round performing section among the three sections will be given. An additional prize will be given for best idea or innovation in existing products or services, or suggestions for new products or services, or for suggesting utopia in the class on the subject. | |
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The names of the group members and the tentative titles of the posters as well as group assignments should be submitted in the class on October 24. It will be appreciated if the students submit their course feedback through a metaphor, story or cartoon in addition to narrative comments for improvement of the course in the last class. |
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Reserve Sequence: In the light of the suggestions of the course participants last year, certain reflective books and papers are being kept at the reserve sequence. |
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PGP-ABM III Term/2002 - 2003 One Unit |
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MANAGEMENT OF TECHNOLOGY FOR SUSTAINABLE AGRICULTURE
Anil K Gupta Indian agriculture has made spectacular gains since mid sixties, thanks to the green revolution. However, the growth achieved earlier is becoming difficult to sustain. The declining productivity of various inputs. has become a major constraint. One has to use more water, fertilizer, pesticides, energy, and other inputs to get the same amount of output. The crisis in agriculture sector has become even more serious in the post GATT phase of increased global competitiveness and reduced ability of state to subsidize various inputs. The nature is also finding difficult to continue to bear with all the negative externalities. And yet biotechnology and other newer technologies in the field of precision agriculture are opening new avenues of possible growth. In some cases, these technologies also raise ethical dilemma, which we need to confront and deal with adequately.
It is often argued that since the average level of consumption of chemical inputs in developing country is much lower than in developed countries, there was no cause of concern. It is also assumed that decline in productivity was inevitable as a ’normal’ natural resource function. These assumptions are questioned in this course. Although the growth processes in agricultural sector have been affected by several factors, including declining public and private investment, and supply of credit, in this course we have focused only on the technological and ecological factors. What are the challenges before research planners and corporate leaders engaged in technological change in making a transition to sustainable agriculture? This course provides to the participants, an understanding and appreciation of not only difficulties lying ahead but also concrete alternatives that are emerging from alternative agriculture movement with in India and abroad ( particularly the Honey bee experience). The course also tries to highlight the potential that exists for organic and non-chemical agriculture in European as well as domestic markets. Experience with regard to linkage between consumers and producers of alternative agriculture in various countries will also be shared. Case studies based on innovations by farmers as well as ecopreneurs will particularly be highlighted to understand the emerging technological frontiers. The role of the low external input technologies in making Indian agriculture globally competitive will be discussed in the light of post GATT and CBD (Convention on Biological Diversity) agreements. The role of Intellectual Property Rights, Farmers’ Rights (under FAO Undertaking on Plant Genetic Resources) and other provisions of WTO dealing with non-actionable subsidies for making transition to sustainable agriculture, will also be discussed. The implications of discussions on trade and environment in Committee on Trade and Environment under WTO will be reviewed with specific reference to IPRs, Biotechnology and environmental standards. The issues related to biosafety protocol, precautionary principle, risk in transgenic crops for environment and human safety will also be dealt with. Pedagogy and evaluation:The course participants will evolve initiatives that corporate leaders and research managers can take in making the transition through project work. In addition, students will be encouraged to make class presentation on at least one topic aided by the faculty. Each session will be of two hours duration unless otherwise specified. Evaluation will be based on following outputs: OUTPUTS WEIGHTAGE Class presentation 25 per cent Quizzes 15 Project Report 35 Final Test 25 |
a) Soil fertility and structure, erosion and conservation
b) Treadmill effect due to intensive use of chemical pesticides
c) Declining ground water and problems of water logging, salinity and alkalinity
d) Declining biodiversity in agriculture and forests with implications for diffusion of pest and diseases, soil nutrient management and micro-climatic variabilities
e) Decline of common property resources such as grazing lands, area for manure pits, drainage lines, water bodies, etc.
What are the pathways through which inter-linkages between different sub-systems of farming system can be studied?
Essential Readings:
www.cnie.org/NLE/CRSreports/Agriculture/ag-80.cfm
Desirable Reading:
b) Attributes of externalities
c) Ex-ante and ex-post transaction costs to internalize externalities
d) Options for private resource use
e) Options for common property resource management
f) Linkage between the private and CPR resources
g) Self-design institutions for resource management
Essential Reading:
Essential Readings:
1.Gupta A. K. “Transferring Science for Development and diffusion of Technology:
Agenda for Recasting Extension Science Research for Drylands/Rainfed Regions
2.Gupta, A. K.; Gaikwad, V. R.; Khandwalla, P. N.; Pandey, I. M. and Srivastava, U. K. 1991. Reorganization for Revitalization: Issues and Perspectives. CMA, IIM, Ahmedabad.
Pimbert, M. P.1991. “Designing Integrated Pest Management for Sustainable and Productive Futures”, IIED Gatekeeper Series, No. 29, London : IIED, 1991.
Thurston, D. 1992. Sustainable Practices for Plant Disease Management in Traditional Farming Systems, New Delhi : Oxford and IBH Publishing Co., 1992.
www.cnie.org/NLE/CRSreports/Agriculture/ag-94.cfm
www.newsroom.wri.org/newsrelease_text.cfm?NewsReleaseID=76
http://www.fao.org/organicag/doc/BaselSum-final.doc
6) Organic Agriculture Worldwide: A Fast-Growing Reality. www.lightparty.com/Health/OrganicAgricultureWW.html
b) Risk analysis and management
c) Precautionary principle
Essential Readings:1) Parish, Mickey, 1999, Science
Behind the Regulation of Food Safety: Risk Assessment
| Class Schedule Indian Social and Political Environment First Session: October 23, 2003 Can grassroots creativity be a source for India's renaissance?
How do we think? Can learning from grassroots enrich our heuristics for problem solving in other sectors as well?
Desirable readings:
Gupta, Anil. K., Rich in Ideas, International Herald Tribune, October 11, 2001 Drucker Peter F., My life as a Knowledge Worker, Inc. Publishing Company, 1997
Second Session: October 24, 2001 Sustainability: Six principles How do we restrain our ever increasing appetite for consumption of goods and services which create pressure on environment?
What kinds of green consumers we have? (A typology based on surveys done through students at IIMA and other collaborators)
What are the lessons we can learn from our culture and local institutions about sustainable resource use?
Desirable reading: Gupta, Anil. K., Science, Sustainability and Social Purpose: Barriers to effective articulation, dialogue and utilization of formal and informal science in public policy, Int. J. Sustainable Development, Vol 2, No.3, pp 368-371, 1999 Third Session: November 28, 2003 Brainstorming on new ideas for products, services and utopia
Each student will bring at least one or more ideas for improvement in existing products and service or creation of new products and services, which fill vacant niches in our society in any sector of economy Desirable reading: Kakar Sudhir, Reflections on Religious Group Identity, Seminar, Issue no. 402, Feb 1993, pp 50-61.
Varshney, Ashutosh, Ethnic Conflict Civic Life, Hindus Muslims in India, Yale, 2003, pp 3 -22.
Desirable readings: Sen, Amartya, Description as a choice, Oxford Economic Paper 32(3); pp. 353-369, 1981 Rai, Shirin, Class, Caste and Gender: Women in Parliament in India, International IDEA Women In Politics: Women in Parliament.
S. Gopal & U. Iyengar (Ed), The Essential Writings of Jawaharlal Nehru, New Delhi, 2003, Oxford University Press , selected pages : 81-85, 134-137, 142-144, 722-723, 739.
Sixth session Accountability in Public Life. December 5, 2003 K. Ashok Vardhan Shetty, India Needs A Whistleblowers Protection Act, www.hinduonnet.com, March 25, 2003
Gwendolyn Freed, 2003, Choosing the Whistle; The Star Tribune, August 7, 2003 Whistle-blowing is on the rise, helped by new laws and the long series of corporate scandals. But for those who have exposed wrongdoing, it's no picnic.
A Whistle-Blower Rocks an Industry: Doug Durand's risky documentation of fraud at drugmaker TAP is prompting wider probes; PEOPLE, June 24, 2002, http://search.businessweek.com
Seventh Session: December 11, 2001 What is the accountability of state towards the disadvantaged people? Will not rising aspirations of rural and urban poor make new demands on the delivery systems for transparency?
Can we bring about social change without political transformation? What role can technology and new institutions play in overcoming poverty?
Brainstorming on new initiatives for making India a developed country.
Personal Ethics and Society
Each student will send by email an instance of ethical dilemma faced by oneself or someone very close, and specify on the note whether it can be shared in the class with or without disclosing one’s identity. Faculty will build upon these experiences to draw some lessons for our collective guidance.
Desirable readings: Gupta Anil K., and Sinha R, Environmental Conservation: Ethical Concerns in International Encyclopedia of the Social & Behavioral Sciences, N. J. Smelser and Paul B. Baltes (Eds.) Oxford, Pergamon, Baltes (Eds.) Oxford, Pergamon, Batstone, David, Saving the Corporate Soul, Half a day Workshop on Business Ethics will be organized on November 8, with the help of visiting faculty as well as internal faculty to discuss case studies / case situation based on real life dilemma involved in combining ethics with efficiency and effectiveness.
Twelveth session · December 18, 2001 Perception of Society from Within: Students' Presentation
Feedback by students, Synthesis of students' presentation and prize distribution at 4.00 p.m. in one of the classrooms.
Other Desirable Readings http://www.dhl-usa.com/cultural http://www.au.af.mil/au/awc/awcgate/au24-401.htm http://www.au.af.mil/au/awc/awcgate/army/ari_ldr http://www.au.af.mil/au/awc/awcgate/mcdp6/ch2. http://www.au.af.mil/au/awc/awcgate/ndu/ http://www.au.af.mil/au/awc/awcgate/ndu/ http://www.au.af.mil/au/awc/awcgate/ndu/ |
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