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