A/70/279 other human rights. The Committee stressed that intellectual property is a social product with a social function and that States have a duty to prevent unreasonably high costs for access to essential medicines, plant seeds or other means of food production that could undermine the rights of large segments of the population to health and food (see E/C.12/GC/17, para. 35). 12. The right of everyone to enjoy the benefits of scientific progress and its applications, enshrined in article 15, paragraph 1, of the International Covenant on Economic, Social and Cultural Rights, has been addressed by the Special Rapporteur (see A/HRC/20/26). The Special Rapporteur defined the normative content of this right as including (a) access to the benefits of science by everyone without discrimination; (b) opportunities for all to contribute to the scie ntific enterprise and freedom indispensable for scientific research; (c) participation of individuals and communities in decision-making; and (d) an enabling environment fostering the conservation, development and diffusion of science and technology. She emphasized that the spirit of the human right to science and culture recognizes human knowledge as a global public good and recommended that States guard against promoting the privatization of knowledge to an extent that deprives individuals of opportunities to take part in cultural life and enjoy the fruits of scientific progress (see A/HRC/20/26, paras. 25 and 65). 13. Article 15, paragraph 3, of the International Covenant on Economic, Social and Cultural Rights stipulates that States must respect the freedom indispensable for scientific research and creative activity. Freedom of scientific research means ensuring that the scientific enterprise remains free of political and other interference, while guaranteeing the highest standards of ethical safeguards by scientific professions. It encompasses the right of everyone to participate in the scientific enterprise without discrimination (see A/HRC/20/26, paras. 39 and 42), including the ability to research, to participate in and to improve already existing knowledge, technologies and processes. 14. While the International Covenant on Economic, Social and Cultural Rights provides for the “progressive” realization of rights and recognizes the problems arising from limited resources, it imposes the continuing obligation to take deliberate and concrete measures for the full implementation of these rights. States have the immediate obligation to guarantee that rights are exerci sed without discrimination and to ensure that their legal frameworks do not inappropriately burden the enjoyment of rights. B. International and national regulation of patent policy 15. Patent law is territorial and thus largely regulated at the nati onal level. During the patent protection term, unless the patent-holder’s permission is obtained, third parties are generally prohibited from making, using, offering for sale, selling or importing any product incorporating that technology or from using the patentprotected process for making a product for commercial purposes. Various mechanisms may be built into national patent systems to prevent abuse and misuse of such exclusive rights. 16. Multilateral, regional and bilateral treaties greatly limit the d iscretion of States. Treaties elevating standards of patent protection are of concern to many States, in particular developing countries. 6/26 15-12543

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