IP QUARTERLY UPDATE: FOURTH QUARTER 2004

The document analyzes the state of the TRIPS Agreement and other IP negotiations in late 2004, highlighting the efforts of developing countries to integrate biodiversity and public health concerns into international law while warning against 'TRIPS-plus' standards in bilateral trade agreements.

• Developing countries are pushing for a disclosure of origin requirement in the TRIPS Agreement to prevent the misappropriation of genetic resources and traditional knowledge, arguing that the current system allows patents for inventions using such materials without compliance with the Convention on Biological Diversity (CBD).
• The African Group proposed an amendment to Article 31 of the TRIPS Agreement in December 2004 to create a permanent solution for countries with insufficient pharmaceutical manufacturing capacity to use compulsory licensing, though developed countries like the US and EU opposed the proposal's structure.
• There is a significant deadlock regarding non-violation and situation complaints in the TRIPS Agreement; while the United States strongly advocates for their application, a majority of WTO Members support maintaining the moratorium to protect the balance of public and private interests.
• 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 a binding system.
• Developed countries, particularly the United States and the European Union, are increasingly using bilateral and regional free trade agreements (FTAs) to implement 'TRIPS-plus' standards that exceed WTO obligations, often linking IP protection to market access.
• In WIPO's Standing Committee on Copyright and Related Rights (SCCR), discussions on a treaty for broadcasting organizations ended in controversy in November 2004, with developing countries warning against undercutting the discussion process to ensure their specific needs are met.
• The Intergovernmental Committee (IGC) at WIPO saw little progress in late 2004, with developing countries expressing disappointment that proposed frameworks for protecting traditional knowledge and genetic resources were merely an 'international layer of national systems' rather than a legally binding instrument.

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} }