586. We thank the delegation of South Africa for bringing this important issue to the attention of this Committee through their submission.
587. There is a need for a focused discussion among WTO Members on the implications of intellectual property rights over the technologies and products required for responding to COVID-19 health issues. In the context of this global pandemic, it will be important for WTO Members to work together to ensure that IP rights including patents, industrial designs, copyright and trade secrets do not create barriers to scaling up R&D, manufacturing and supply of technologies and products necessary to combat COVID-19 health challenges. Sri Lanka, therefore, views that the proposal by South Africa is extremely relevant in this current global context.
588. The discussions in response to the guiding questions raised in the proposal can be useful in many ways, particularly to understand:
a. the extent to which different forms of IP rights impact the rapid development and affordable access to the various kinds of technologies and products required for responding to COVID-19;
b. the flexibilities available under the TRIPS Agreement to ensure that such IP rights do not constrain timely, equitable and affordable access;
c. the constraints to the use of such flexibilities; and
d. the adequacy of mechanisms that have been put in place to ensure global access.
589. In the light of this discussion, WTO Members can come to an informed view on the kind of IPrelated measures that could be adopted at the multilateral level to support the need for ensuring rapid, equitable and affordable access to the products and technologies required to respond to similar unprecedented health crisis, such as the COVID-19.
590. The understanding of Doha Declaration is predominantly in the context of patents, though it's not the only area of IP which should be covered under this. The use of TRIPS flexibilities in other areas of IP beyond patents is less understood. In this context and the relevancy of variety of IP rights in the fight against COVID-19, we see immense value in proposed discussion and invite Members to constructively engage in this dialogue.
