IP QUARTERLY UPDATE: FOURTH QUARTER 2004

The report provides an overview of international intellectual property (IP) developments in the fourth quarter of 2004, focusing on the tension between IP protection and development goals. It details ongoing negotiations within the WTO Council for TRIPS, WIPO, and various bilateral and regional trade agreements, highlighting the efforts of developing countries to maintain flexibilities and prevent 'TRIPS-plus' standards.

• Developing countries are pushing for a 'disclosure of origin' requirement in the TRIPS Agreement to prevent the misappropriation of genetic resources and traditional knowledge, which currently allows patents for inventions using such materials without requiring compliance with the Convention on Biological Diversity (CBD).
• The African Group presented a formal proposal in December 2004 to amend Article 31 of the TRIPS Agreement to create a permanent solution for countries with insufficient pharmaceutical manufacturing capacity, though it faced opposition from the US and EU who preferred a technical reproduction of the 30 August 2003 Decision.
• There is a significant deadlock regarding 'non-violation and situation complaints' in the TRIPS Agreement; while the US strongly advocates for their application, a majority of WTO Members support maintaining a moratorium to protect essential flexibilities.
• Negotiations on geographical indications (GIs) remain divided, with the EU pushing for a binding multilateral registration system for wines and spirits and the extension of GI protection to other products, while countries like the US, Canada, Chile, and Argentina oppose binding registration for non-participants.
• At WIPO, the Intergovernmental Committee (IGC) on Genetic Resources, Traditional Knowledge, and Folklore failed to reach a consensus in its Seventh Session, with developing countries criticizing the Secretariat's documents for being merely an "international layer of national systems" rather than a legally binding instrument.
• The US is increasingly utilizing Free Trade Agreements (FTAs) to implement 'TRIPS-plus' standards, which exceed WTO obligations. Examples include negotiations with Andean countries (Peru, Ecuador, Colombia) where the US proposed patent term extensions and limitations to compulsory licensing.
• The UN Committee on Economic, Social and Cultural Rights (CESCR) has addressed the impact of IP rules on human rights, specifically encouraging Chile to increase access to generic medicines using TRIPS flexibility clauses.

APA

Center for International Environmental Law (2004). IP QUARTERLY UPDATE: FOURTH QUARTER 2004. https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_4Q04.pdf

Chicago

Center for International Environmental Law. IP QUARTERLY UPDATE: FOURTH QUARTER 2004. 2004. https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_4Q04.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=IP QUARTERLY UPDATE: FOURTH QUARTER 2004 |date=2004 |url=https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_4Q04.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2004quarterly, author = {{Center for International Environmental Law}}, title = {{IP QUARTERLY UPDATE: FOURTH QUARTER 2004}}, institution = {Center for International Environmental Law}, year = {2004}, url = {https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_4Q04.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }