69. The representative of China said that his delegation supported and associated itself with the joint proposal (IP/C/W/429/Rev.1) and believed that the elements mentioned in the proposal could be a good basis for future discussions. He said that his delegation endorsed the proposal that where there was failure to meet the disclosure requirements, the patent application should be deemed withdrawn or rejected and any patents already granted should be invalidated. He noted that the proposals in document IP/C/W/429/Rev.1 provided specific suggestions on how to implement the disclosure requirements that his delegation supported and called on other Members to establish their own access and benefit-sharing system after fully evaluating their specific needs as this would facilitate further discussions and eventually the conclusion of relevant international rules.
70. Regarding the discussion on the relationship between the TRIPS Agreement and the CBD, he said that Members should focus not only the positive role of biotech development and its intellectual property protection, but also on the protection of biodiversity itself. It was necessary to amend the TRIPS Agreement to support the CBD because it did not adequately consider principles of national sovereignty, prior informed consent and access and benefit-sharing as provided for in the CBD. He said that the international community should focus more on countries with abundant biodiversity and establish reasonable and balanced mechanisms.
