A/HRC/20/26 69. The Special Rapporteur takes note of the WIPO programmes on capacity-building and technical assistance in the area of technology transfer.78 C. Third-party actors and their obligations 70. The diminishing role played by the State in research and development and the concomitant extensive increase in the involvement of the private sector are reducing the ability of Governments to identify priority research areas, conduct research and disseminate resultant products. 71. The Special Rapporteur believes that, in the area of science, States should not rely entirely on the private sector; they should make all efforts possible to ensure publicly funded research, enter into partnerships with the private sector, and ensure that private companies respect human rights. This includes setting out clearly “the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations”, including abroad. 79 72. Initiatives to influence the actions of private companies for better realization of the right to science include “socially responsible” or “humanitarian” licensing, which ensures that the licensing of intellectual assets, often developed by Government-funded research at universities, is negotiated and transacted in a manner conducive to providing broad affordable access to disadvantaged sections of society, particularly in developing countries. It also makes proprietary research tools widely available for the advancement of knowledge and has been applied to innovations in, for example, medicine, agriculture and diagnostic tools. Strategies include issuing non-exclusive licenses, allowing licensors to license a product for humanitarian and commercial purposes simultaneously; licensing to a publicprivate partnership to develop a product that may, for example, benefit a neglected market; and conditional licensing, which requires social responsibility on the part of the licensee, for example, to sell a product at a reduced price to poor markets. Such licensing does not affect business transactions in developed countries where significant profits can still be achieved while ensuring access for least developed countries. 73. Examples from the United States of America include the Food and Drug Administration Act, which rewarded the development of a new tropical disease medication by issuing a transferable voucher that entitles the bearer to a priority review for any other drug it submits for market approval in the United States, and Yale University, which renegotiated its license agreement with Bristol-Myers Squibb to allow generic production in South Africa at a price reduced by thirty-fold .80 V. Recommendations 74. The Special Rapporteur recommends that: (a) States ensure that innovations essential for a life with dignity reach everyone and identify the priority needs of marginalized populations, including 78 79 80 WIPO submission, pp. 14-16. Principle 2 of the Guiding Principles on Business and Human Rights (A/HRC/17/31), annex. See also E/C.12/2011/1, para. 5. Amanda L. Brewster, Audrey R. Chapman and Stephen A. Hansen, “Facilitating Humanitarian Access to Pharmaceutical and Agricultural Innovation”, Innovation Strategy Today, Vol. 1, No. 3, 2005. 19