A/70/279 technologies, obstruct further development and disseminatio n of technology. High numbers of low-quality patents hinder research, legitimate competition and access. 27. Of concern is the patenting of second or third (etcetera) uses of products, in particular medicines, and more generally the practice of ever -greening, which, through minor or artificial improvements, extends the life of patents beyond the time limit of 20 years. The appropriation of scientific knowledge through patents (such as patents on genes) and the patenting of discoveries (that is, pre -existing information versus inventions); of frivolous innovations; and the practice of misappropriation of indigenous and local communities’ innovations through patents is equally of concern. III. Inventors under article 15, paragraph 1 (c), of the International Covenant on Economic, Social and Cultural Rights A. Moral and material interests of inventors and discoverers 28. A strongly debated question is whether “authors” in article 15, paragraph 1(c) of the International Covenant on Economic, Social and Cultural Rights includes inventors and scientific discoverers, and whether the latter, like “authors”, enjoy the right to the protection of the moral and material interests resulting from their scientific production, and if so, with what meanin g. 29. Some commentators, arguing strongly against such an extension, stress that the right to protection of authorship is historically and uniquely related to expressive creativity and copyright protection. In contrast, patent law is based on considerations of economic incentives for innovation, not on the concept of inventions as an expression of the personality of the inventor. 8 Additionally, commentators are concerned that expanding the recognition of “moral and material interests” to the field of inventions and patents may create additional barriers to the human rights to health and food, and the rights of indigenous peoples. 9 30. The drafters of human rights instruments may have shied away from including protection of inventions within the scope of the human right to science and culture. The Universal Declaration of Human Rights drafting committee initially considered a text that included explicit mention of inventors, but the finally adopted text refers only to authors (see E/CN.4/57). Similarly, while the American Declaration on the Rights and Duties of Man includes the protection of moral and material interests as regards inventions as well as any literary, scientific or artistic works, 10 inventions were dropped from the Additional Protocol to the American Convention on Human __________________ 8 9 10 15-12543 See Rochelle Cooper Dreyfuss, “Patents and human rights: where is the paradox?”, Law and Economics Research Paper, No. 06-38, (New York University, School of Law, 2006); available from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=929498. See Jerzy Koopman, “Human rights implications of patenting biotechnological kn owledge”, in Intellectual Property and Human Rights, Paul L. C. Torremans, ed. (Alphen aan den Rijn, The Netherlands, Kluwer Law International, 2008); Peter K. Yu, “Reconceptualizing intellectual property interests in a human rights framework”, University of Davis Law Review, vol. 40, 2007. See Organization of American States, American Declaration of the Rights and Duties of a Man, article XIII (1948). 9/26