A/70/279 44. Under article 46, paragraph 2, of the Declaration on the Rights of Indigenous Peoples, the exercise of the rights set forth in the Declaration are subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non -discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society. Such limitations can be problematic, however, if they are justified by reference to the interest of a mainstream society that otherwise does not recognize indigenous interests. In such cases, limitations can be misused to the detriment of indigenous communities. 45. While the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore has undertaken negotiations for an agreement on an international legal instrument(s) that will ensure the effective protection of genetic resources, traditional knowledge and traditional cultural expressions, progress seems uncertain. IV. Patent policy and the right to science and culture: identified tensions 46. Article 15, paragraph 15 1(c), recognizes the human rights of scientific creators, but does not require the patenting of inventions. Simul taneously, it recognizes the right of everyone “to enjoy the benefits of scientific progress and its applications”, a phrase that includes technologies that may be protected by patents. 47. Patents, when properly structured, expand the options and well -being of all people by making available new possibilities. Yet, they also give patent owners the power to deny others access, thereby limiting or denying the public’s right of participation to science and culture. The human rights perspective demands that patents do not extend so far as to interfere with individuals’ dignity and well -being. This may be the case, for example, when the patent-holder’s property right is so strong as to make compulsory licensing of medicines impracticable or unduly cumbersome. Various exceptions and limitations on patents are required to protect the right of participation in culture, science and technology. A. Impact of patent policy on ensuring access to essential technologies 48. Technology, when utilized well, has an immense potential to improve human lives in all aspects. Indeed, the growth of “useful knowledge”, particularly the application of scientific progress through technology, is the fundamental driver of rising standards of living. 15 Unfortunately, not everyone is equally able to enjoy the benefits of new technologies or participate in this process. 49. In her thematic report on the right to science, the Special Rapporteur stressed that innovations essential for a life with dignity should be accessible to every one, in particular marginalized populations. From a human rights perspective, mechanisms __________________ 15 15-12543 See Joel Mokyr, The Gifts of Athena: Historical Origins of the Knowledge Economy (Princeton, New Jersey, Princeton University Press, 2002). 13/26