IP QUARTERLY UPDATE: SECOND QUARTER 2005

This report, published by the Center for International Environmental Law and the South Centre, provides an overview of international intellectual property (IP) developments during the second quarter of 2005. It focuses heavily on the WIPO Development Agenda process, analyzing proposals from the Group of Friends of Development (FOD), the United Kingdom, and the United States to incorporate development goals into WIPO's mandate. Additionally, the document tracks IP-related negotiations and disputes within the WTO, WIPO, and other multilateral bodies, as well as the proliferation of bilateral and regional free trade agreements containing 'TRIPS-plus' provisions.

• The Group of Friends of Development (FOD) proposed several governance reforms for WIPO, including amending the WIPO Convention to explicitly include a development dimension, establishing an independent WIPO evaluation and research office (WERO), and increasing the participation of civil society and public interest groups in advisory commissions.
• To address biased norm-setting, the FOD suggested adopting principles and guidelines for norm-setting activities, implementing independent 'Development Impact Assessments' for new initiatives, and holding public hearings before initiating norm-setting activities.
• The FOD proposed four measures to reform WIPO's technical assistance: adopting development-oriented guidelines, separating technical assistance functions from norm-setting functions, creating a code of ethics for staff and consultants, and developing evaluation indicators and benchmarks.
• The FOD suggested the creation of a treaty on access to knowledge and technology to protect exceptions and limitations to IP rights and promote alternative ways of maximizing knowledge propagation.
• Developed countries' proposals for the WIPO Development Agenda were narrower in scope than those of developing countries; the US proposed a 'WIPO Partnership Program' for technical assistance, and the UK suggested improving information sharing and reinvigorating the Permanent Committee on Cooperation for Development (PCIPD).
• Within the WTO Council for TRIPS, discussions on a permanent solution for Paragraph 11 regarding public health remained deadlocked, with the African Group and other developing countries favoring an amendment to Article 31 of the TRIPS Agreement without the inclusion of the Chairman's Statement.
• The WTO Council for TRIPS saw continued disagreement over the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD), specifically regarding disclosure requirements in patent applications, which the US opposed.
• The WIPO Intergovernmental Committee (IGC) on Genetic Resources, Traditional Knowledge and Folklore reached a stalemate on substantive provisions, leading some developing countries to question if the IGC is the appropriate forum for addressing IP concerns related to genetic resources.
• The WIPO Standing Committee on the Law of Patents (SCP) failed to agree on a future work program after developing countries rejected a 'reduced package' of the Substantive Patent Law Treaty (SPLT) that sidelined issues like technology transfer and anti-competitive practices.
• The G77 and China, at the Second South Summit in Doha, called for a development-oriented IP regime and urged WIPO to include a development dimension in all its plans, including pro-development norm-setting and the transfer of technology.
• The US and EU continue to use bilateral and regional free trade agreements to secure 'TRIPS-plus' concessions from developing countries, with the US Special 301 Report listing several countries on its Priority Watch List, including Brazil, China, and India.

APA

Center for International Environmental Law (2005). IP QUARTERLY UPDATE: SECOND QUARTER 2005. https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_2Q05.pdf

Chicago

Center for International Environmental Law. IP QUARTERLY UPDATE: SECOND QUARTER 2005. 2005. https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_2Q05.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=IP QUARTERLY UPDATE: SECOND QUARTER 2005 |date=2005 |url=https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_2Q05.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2005quarterly, author = {{Center for International Environmental Law}}, title = {{IP QUARTERLY UPDATE: SECOND QUARTER 2005}}, institution = {Center for International Environmental Law}, year = {2005}, url = {https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_2Q05.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }