74. The relationship between the TRIPS Agreement and CBD is an important issue in the TRIPS Council. China always attaches importance to this issue and actively participates in the discussions. China hopes that Members could further constructively take part in the discussion.
75. Regarding the substantial issues, China notes that the majority of Members support an amendment to the TRIPS Agreement so as to ensure the mutually supportiveness of the TRIPS Agreement, the CBD and the Nagoya Protocol. China believes that the introduction of a mandatory disclosure requirement, including on benefit sharing, could prevent misappropriation and erroneous patents. And providing the information concerning the prior informed consent and benefit-sharing would not be burdensome. However, the benefit-sharing arrangements on contractual basis and the database solutions could not serve the purpose of sufficient protection for genetic resources.
76. As to disclosure, two documents TN/C/W/52 and TN/C/W/59 co-sponsored by Members, including China, have provided the detailed suggestions on improving the transparency on genetic resources utilization, preventing the misappropriation of genetic resources and traditional knowledge, and preventing the grant of erroneous patents.
77. As regards procedure, China thinks that the discussion and negotiation in WIPO/IGC could not hinder members from finding a solution in the WTO. Furthermore, the mandate to examine the relationship between TRIPS and CBD has been given to this Council by the Ministers, and therefore members should follow the instructions and mandate to work to find the solution. In this regard, in order to strengthen the understanding so as to carry on a constructive discussion in this Council, China supports the proposal to invite the CBD Secretariat to brief on the Nagoya Protocol. China also hopes that the Secretariat could renew the three factual notes.