IP QUARTERLY UPDATE: THIRD QUARTER 2005

The document examines the conflict between the TRIPS Agreement and the Convention on Biological Diversity (CBD), specifically advocating for mandatory disclosure of the origin of genetic resources and traditional knowledge in patent applications to prevent biopiracy. It also provides a quarterly update on IP negotiations within the WTO, WIPO, and other UN bodies, as well as developments in bilateral and regional free trade agreements involving the US and EU.

• Developing countries, including India, Brazil, Peru, and China, argue that the TRIPS Agreement should be amended to include disclosure requirements for the source and country of origin of biological resources and traditional knowledge, as well as evidence of prior informed consent and benefit sharing.
• The current patent system is susceptible to 'biopiracy,' where genetic resources and traditional knowledge are patented without improvement or legal acquisition; examples include the patenting of turmeric, quinoa, ayahuasca, neem, and maca.
• Disclosure requirements are viewed as a means to improve patent quality by assisting examiners in establishing prior art, thereby preventing patents for claims that lack novelty or an inventive step.
• National disclosure measures, such as those in the Andean Community, are considered ineffective when misappropriation occurs in countries that do not have similar legislation, necessitating an international mandatory requirement via the TRIPS Agreement.
• Within the WTO, negotiations on the relationship between TRIPS and the CBD, as well as geographical indications for wines and spirits, remained largely deadlocked in the third quarter of 2005.
• The WIPO Assemblies established a Provisional Committee to replace the Inter-sessional Intergovernmental Meeting (IIM) to continue discussions on a 'Development Agenda' for WIPO.
• The UNDP Human Development Report 2005 claims that the TRIPS Agreement and 'TRIPS plus' rules in bilateral agreements create an imbalance between technology holders and the public interest, potentially widening the technological divide.
• In US-Andean FTA negotiations involving Colombia, Ecuador, and Peru, intellectual property and agriculture were identified as the most difficult areas, with specific disputes over pharmaceutical test data protection and disclosure requirements.
• The European Union's proposed IPRED2 directive seeks to treat all international commercial-scale IP infringements, including aiding or abetting, as criminal offences.

APA

Center for International Environmental Law (2005). IP QUARTERLY UPDATE: THIRD QUARTER 2005. https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_3Q05.pdf

Chicago

Center for International Environmental Law. IP QUARTERLY UPDATE: THIRD QUARTER 2005. 2005. https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_3Q05.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=IP QUARTERLY UPDATE: THIRD QUARTER 2005 |date=2005 |url=https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_3Q05.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2005quarterly, author = {{Center for International Environmental Law}}, title = {{IP QUARTERLY UPDATE: THIRD QUARTER 2005}}, institution = {Center for International Environmental Law}, year = {2005}, url = {https://www.ciel.org/wp-content/uploads/2015/03/IP_Update_3Q05.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }