A/70/279 Implementing unreasonably strong patent protection may constitute a violation of human rights. The human right to science and culture, as enshrined in article 27 of the Universal Declaration of Human Rights and article 15 of the International Covenant on Economic, Social and Cultural Rights, requires measures to ensure the affordability of and accessibility to technologies that are essential for a life with dignity and supporting the realization of other human rights. It includes a right to have access to and use technologies in selfdetermined and empowering ways. 90. There is no human right to patent protection under article 15 of the International Covenant on Economic, Social and Cultural Rights. This provision does not obligate States parties to enact any particular form of patent protection. Patents are one policy tool among many for encouraging innovation and technological research and development. More caution is required in assessing their positive versus negative effects depending on the context and the technologies at stake. Human rights law operates as a limit to prevent the overreaching of economic claims by patent-holders in contexts where the rights to health, food, access to technology or other human rights would be compromised. 91. Particularly in areas characterized by high social need but low ability to pay, alternative policies for incentivizing technological development are important, but remain too scarce to meet human rights objectives, including the right to health. Models include government grants and procurements, advance purchase commitments, tax incentives for research and development, prizes and other means. These mechanisms should contain provisions on access and be empirically evaluated to gauge how well they meet the needs of the population. A. Ensuring transparency and public participation in law-making 92. International intellectual property instruments, including trade agreements, should be negotiated in a transparent way, permitting public engagement and commentary. 93. National patent laws and policies should be adopted and reviewed in forums that promote broad engagement, with input from innovators and the public at large. 94. Companies benefitting from patents in the pharmaceutical sector should disclose information about the costs for developing drugs, the items included in such costs and the sums they reinvest in research and development. B. Ensuring the compatibility of patent laws, policies and practices with human rights 95. International patent instruments should be subject to human rights impact assessments and contain safeguards for human rights, including the right to health, food, science and culture. 22/26 15-12543

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