IP QUARTERLY UPDATE: SECOND QUARTER 2004

The document analyzes the intersection of intellectual property and development, highlighting the risks of fragmented negotiations across different international bodies. It focuses on three critical issues for the September 2004 WIPO General Assembly: the interrelation between the Convention on Biological Diversity (CBD) and IP disclosure requirements, the proposed treaty on the protection of broadcasting organizations, and the future of the Substantive Patent Law Treaty (SPLT). Additionally, it tracks IP-related activities in the WTO, WHO, UNCTAD, and various bilateral 'TRIPS-plus' trade agreements, arguing that developed countries often use bilateral fora to circumvent multilateral flexibilities.

• Developing countries face a strategic challenge where developed nations shift negotiations from multilateral to bilateral or plurilateral fora to "circumvent the options, flexibilities, and unresolved issues present at the multilateral level."
• The Convention on Biological Diversity (CBD) requested WIPO to examine the "interrelation of access to genetic resources and disclosure requirements in intellectual property rights applications," leading to disputes over whether this should be handled by the General Assembly or the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC).
• A proposed treaty for 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 public domain works and extending protection terms up to fifty years, exceeding the TRIPS Agreement minimum of twenty years.
• Negotiations for the Substantive Patent Law Treaty (SPLT) are stalled due to concerns that harmonized standards would "leave little room for developing countries to adapt their patent laws to local conditions and needs."
• In the WTO TRIPS Council, a proposal by Brazil, Bolivia, Cuba, Ecuador, India, Pakistan, Peru, Thailand, and Venezuela to prevent misappropriation of genetic resources is being opposed by several developed countries.
• 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 recognizing "Farmers’ Rights."
• There is a growing trend of "TRIPS-plus" standards in bilateral and regional agreements, where developed countries, particularly the United States, link IP protections to market access to address perceived "shortcomings" of the TRIPS Agreement.

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} }