IP QUARTERLY UPDATE: SECOND QUARTER 2004

The South Centre and CIEL IP Quarterly Update for the second quarter of 2004 analyzes international intellectual property (IP) policy-making, focusing on the upcoming WIPO General Assembly and developments across multilateral, plurilateral, and bilateral fora. The report highlights the challenges developing countries face when developed nations shift negotiations to bilateral 'TRIPS-plus' agreements to circumvent multilateral flexibilities. Key areas of concern include the protection of genetic resources, the proposed broadcasting treaty, and the Substantive Patent Law Treaty (SPLT).

• Developing countries face strategic challenges as developed nations shift IP negotiations from multilateral to bilateral and plurilateral fora to "circumvent the options, flexibilities, and unresolved issues present at the multilateral level".
• The Convention on Biological Diversity (CBD) requested that WIPO examine the "interrelation of access to genetic resources and disclosure requirements in intellectual property rights applications". Developing countries argue that this should be addressed by the General Assembly to prevent developed countries from using the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) as a way to "detract from other important initiatives" in the TRIPS Council or SPLT negotiations.
• A proposed WIPO treaty on the protection of broadcasting organizations is controversial because it may grant broadcasting organizations "exclusive right to authorize the fixation and communication to the public of their broadcasts", potentially allowing control over works in the public domain. Countries including China, India, Australia, and the Group of Latin American and Caribbean Countries argue it is "imprudent at the present stage to regulate" new technologies like Internet computer networks.
• Developing countries oppose the Substantive Patent Law Treaty (SPLT) because harmonized standards would leave "little room for developing countries to adapt their patent laws to local conditions and needs". They rejected a proposal by the US, Japan, and the European Patent Office to focus only on a limited package of priority issues, arguing that such an approach dismisses "controversial" articles that balance public interest and right-holder rights.
• The TRIPS Council has seen a lack of progress on the proposed amendment to implement paragraph 6 of the Doha Declaration on TRIPS and Public Health, with the consensus deadline moved from June 2004 to "March, 2005".
• The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) entered into force on June 29, 2004, establishing a multilateral system for access and benefit sharing and providing "explicit recognition of Farmers’ Rights".
• There is a growing trend of "TRIPS-plus" standards in bilateral agreements, where developed countries, particularly the United States, link IP protections to market access. Active negotiations in 2004 include agreements with Bahrain, the Southern African Customs Union (SACU), Thailand, Panama, and Andean countries (Peru, Ecuador, and Colombia).

APA

Center for International Environmental Law (2004). IP QUARTERLY UPDATE: SECOND QUARTER 2004. https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_1Q04.pdf

Chicago

Center for International Environmental Law. IP QUARTERLY UPDATE: SECOND QUARTER 2004. 2004. https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_1Q04.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=IP QUARTERLY UPDATE: SECOND QUARTER 2004 |date=2004 |url=https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_1Q04.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2004quarterly, author = {{Center for International Environmental Law}}, title = {{IP QUARTERLY UPDATE: SECOND QUARTER 2004}}, institution = {Center for International Environmental Law}, year = {2004}, url = {https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_1Q04.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }