IP QUARTERLY UPDATE: THIRD QUARTER 2004

The report provides a quarterly update on international intellectual property (IP) developments for the third quarter of 2004, focusing on the intersection of IP and development. It specifically analyzes the implementation of the FAO's International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) and tracks IP-related negotiations across multilateral bodies like the WTO and WIPO, as well as regional and bilateral free trade agreements.

• The ITPGRFA, which entered into force on 29 June 2004, establishes a multilateral system for facilitated access and benefit sharing of plant genetic resources for food and agriculture (PGRFA) to counter the privatization and monopolization of these resources.
• Article 12.3(d) of the ITPGRFA is a point of significant contention regarding whether recipients can claim IP rights on materials accessed from the multilateral system, with ambiguity surrounding the phrase "in the form received."
• Under Article 13.2(d)(ii) of the ITPGRFA, benefit sharing is mandatory if a recipient commercializes a PGRFA product that restricts access back into the multilateral system, but is voluntary if the product remains available without restriction for research and breeding.
• The ITPGRFA explicitly recognizes 'Farmers' Rights' under Article 9, which includes the protection of traditional knowledge and the right to an equitable share of benefits, though implementation is left to national governments.
• At the WTO TRIPS Council, a group of developing countries including Brazil, India, Pakistan, Peru, Thailand, and Venezuela proposed new disclosure requirements for the origin of genetic resources and traditional knowledge in inventions, a move generally supported by the EU but opposed by the US and Japan.
• WIPO Assemblies in 2004 welcomed a proposal by Argentina and Brazil, co-sponsored by several other developing nations, to establish a formal development agenda across all WIPO bodies and activities.
• Developing countries rejected a proposal by the US, Japan, and the European Patent Office to limit the Substantive Patent Law Treaty (SPLT) negotiations to a small set of provisions (prior art, grace period, novelty, and inventive step), arguing that essential issues like exceptions and limitations must be included.
• The US is increasingly utilizing bilateral Free Trade Agreements (FTAs) to implement "TRIPS-plus" standards, such as requiring accession to UPOV 1991 and extending patent terms, as seen in the US-Bahrain Agreement signed on 14 September 2004.
• The UN Committee on the Rights of the Child recommended on 4 October 2004 that Botswana ensure regional free trade agreements do not negatively impact children's rights, specifically regarding access to affordable HIV/AIDS medicines.

APA

Center for International Environmental Law (2004). IP QUARTERLY UPDATE: THIRD QUARTER 2004. https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_3Q04.pdf

Chicago

Center for International Environmental Law. IP QUARTERLY UPDATE: THIRD QUARTER 2004. 2004. https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_3Q04.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=IP QUARTERLY UPDATE: THIRD QUARTER 2004 |date=2004 |url=https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_3Q04.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2004quarterly, author = {{Center for International Environmental Law}}, title = {{IP QUARTERLY UPDATE: THIRD QUARTER 2004}}, institution = {Center for International Environmental Law}, year = {2004}, url = {https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_3Q04.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }