H.E. Ambassador Dr Lansana GBERIE

Sri Lanka

3 IP AND COVID-19

62.   Sri Lanka reiterates its position and welcomes both outcomes from MC12 on the TRIPS Decision and the WTO response to the COVID-19 Pandemic and Preparedness for Future Pandemics document. Particularly, by adopting the WTO response to the COVID-19 pandemic Decision, Ministers have clearly highlighted the need for addressing IP-related challenges for expanding production and providing equitable and affordable access to all COVID-19 products, including vaccines, therapeutics, diagnostics, and other essential medical goods including their inputs, for the current and future pandemics. 63.   We believe that these Ministerial Decisions have re-affirmed the need for a solution on IP that would address the difficulties faced by developing countries in accessing TRIPS flexibilities and relevant provisions contained therein, so that they could be applied automatically during future pandemics, health emergencies and other crises. 64.   Sri Lanka would like to thank the Secretariat for the compilation of the IP measures in the context of COVID-19 imposed by Members, and it is important to flag that these measures highlight the need for effective solutions to IP-related challenges in the context of COVID-19, and also in the context of Members' preparedness for future pandemics. 65.   Such compilation also reveals the obvious inadequacy of the existing flexibilities within the TRIPS Agreement to cater for current health emergencies and reiterates the need for effective solutions to be found in case of future pandemics to address an array of challenges, including IP measures in the context of COVID-19 pandemic, in an expeditious manner, as such new solutions may go beyond the existing flexibilities provided for in the present WTO Agreements. 66.   Further, we suggest the WTO Secretariat to compile specific IP measures and tools that can facilitate the use of TRIPS flexibilities, including patent landscape reports, early publication of patent applications etc., and specific instances of use of TRIPS flexibilities in the context of COVID19, both by developed and developing countries, and finally the country level analysis of the legal status of patents and patent applications relating to COVID-19 vaccines, therapeutics and diagnostics as well. 67.   We look forward to continuing our constructive work to fulfil the Ministerial mandates in this regard and support this item to remain on the TRIPS Council agenda to allow us to be updated by the measures taken by Members.

The Council took note of the statements made and agreed to revert to this item at its next meeting.

12. The Chair recalled that, at its last formal meeting, the Council had agreed to discuss the following three topics under this agenda item:
a. IP-related domestic measures taken by Members in the context of the COVID-19 pandemic. In light of broad support, in principle, for a continuation of the exchanges of views on measures undertaken as the pandemic persisted. The Chair once again referred to the compilation "COVID-19: Measures Regarding Trade-Related Intellectual Property Rights" on the WTO website which contained a non-exhaustive list of IP-related measures taken in the context of COVID-19, compiled by the Secretariat from official sources and verified by the Members concerned. That the list was being updated continuously, even if there had been no recent changes to the document. He encouraged Members to inform the Secretariat of any measures which should be included on the list, as well as any update or information on the expiry – or end of application – of such measures.
b. Under paragraph 24 of the Declaration on the WTO Response to the COVID-19 Pandemic and Preparedness for Future Pandemics the Council was mandated to continue or initiate work to analyse lessons learned and challenges experienced during the COVID-19 pandemic. Given that the Council had already initiated discussions on COVID-19-related experiences in the field of IP under this agenda item since June 2020, delegations continue these exchanges, as directed by paragraph 24 of the Declaration, and that the Council would treat any proposals that Members might make in this regard under this item.
c. Paragraph 5 of the Decision on the TRIPS Agreement required Members to "communicate to the Council for TRIPS any measure related to the implementation of the Decision, including the granting of an authorization" as soon as possible after the adoption of the measure. It had been agreed at the last meeting that, to the extent that such communications were not already covered by notifications of laws and regulations under item 1, the Council would provide an update on such communication under this agenda item. In this regard, he noted that no communications under paragraph 5 of the Ministerial Decision had been received to date.
13. The Chair opened the floor for any intervention on the three aspects treated under this agenda item.
14. The representatives of South Africa, Switzerland and Sri Lanka took the floor.
15. The Chair proposed to revert to the item at the next meeting to ensure that the exchanges could continue, including on the basis of the following:
a. the updated Secretariat compilation of COVID-19 related IP measures,
b. any communications that might be received from Members under paragraph 5 of the MC12 TRIPS Decision, and
c. any proposals Members might wish to make in the context of paragraph 24 of the WTO Declaration on Pandemic Response.
16. The Council took note of the statements made and agreed to revert to this item at its next meeting.

IP/C/M/106, IP/C/M/106/Add.1