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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.
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