59. The representative of China said that, as patents were closely related to the utilization of genetic resources and/or associated traditional knowledge, WTO Members should take appropriate and effective measures in patent applications to prevent misappropriation of genetic resources and to avoid erroneous patents. The TRIPS Agreement, the CBD and the Nagoya Protocol should operate in a mutually supportive way. In the view of some Members, contractual arrangements and prior art requirements were enough to achieve the objectives of harmony and synergy between the CBD and the TRIPS Agreement, while many others believed that the mandatory disclosure requirement of prior informed consent and benefit sharing in patent applications was indispensable to achieve those objectives. In the view of China, contractual arrangements and the novelty requirement in patentability were not enough for the protection of genetic resources because contractual arrangement depended on voluntary behavior and fulfillment of parties to contracts, and the novelty requirement played a secondary role in preventing erroneously granted patents. Databases and other information that patent examiners might have access to before granting a patent were limited compared to the large quantity of genetic resources existing in the world. As one genetic resource could generate several patents, it would not be enough to rely upon patent examiners to prevent the use of genetic resources without prior informed consent and access and benefit-sharing requirements. The responsibility to respect the sovereign right over genetic resources should rely upon legal or natural persons who accessed or used the genetic resources and associated traditional knowledge in the first place. As one of the co-sponsors of documents TN/C/W/52 and TN/C/W/59, China believed the mandatory disclosure requirement would improve the transparency of utilization of genetic resources and/or associated traditional knowledge, and would help to achieve the goals. The disclosure requirement was consistent with the transparency principle established in the multilateral trading system. It would not be burdensome for the patent applicant to fill in a form with the information of prior informed consent and access and benefit sharing as indicated in document TN/C/W/59, considering the legitimate objective it would achieve.
60. She noted that the Eighth Ministerial Conference had agreed that "Ministers remain committed to work actively, in a transparent and inclusive manner, towards a successful multilateral conclusion of the Doha Development Agenda in accordance with its mandate" and that "Ministers maintain that, in their negotiations, they will continue their work based on the progress already made". The issues of TRIPS-CBD and GI extension were outstanding implementation-related issues in the Doha Round. Negotiations on those issues must be an integral part of the Work Programme, and the outcome of the negotiations must be treated as part of the Single Undertaking. She hoped that the Director-General would continue his consultations based on a legal text, in pace with the arrangements for other Doha negotiations. She supported the proposal to invite the CBD Secretariat to make presentations in the Council from a perspective different from CBD members. The presentation would help to improve Members' understanding of the Nagoya Protocol, and contribute to the cooperation between WTO and other international organizations.
