A/HRC/20/26
(m) States protect all individuals against any harmful effects of the misuse of
scientific and technological developments while ensuring that limitations to the right
to benefit from scientific progress and its applications, including scientific freedom,
are in conformity with international standards;
(n)
The research practices of public and private institutions alike respect
ethical standards and human rights, including when research is conducted abroad.
Scientific and engineering organizations and research facilities should adopt ethical
standards explicitly based on human rights;
(o)
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, and consequently to reconsider the current maximalist
intellectual property approach and explore the virtues of a minimalist approach to
intellectual property protection. States should also further develop and promote
creative mechanisms for protecting the financial interests of creators and the human
rights of individuals and communities;
(p)
States request legislative and policy advice from WIPO, including on
how to use TRIPS flexibilities to accommodate particular national interests and
development needs;
(q)
States implement the recommendations of the Special Rapporteur on the
right of everyone to the enjoyment of the highest attainable standard of physical and
mental health and the Special Rapporteur on the right to food on the issue of
intellectual property rights.81
75.
The Special Rapporteur also recommends that:
(a)
A participatory process be adopted to further enhance the conceptual
clarity of the right to science and related obligations, involving United Nations human
rights mechanisms, in particular relevant special procedures of the Human Rights
Council, relevant intergovernmental organizations, States, the private sector and civil
society, including through a day of general discussion on the topic by the Committee
on Economic, Social and Cultural Rights and the organization of non-official
meetings;
(b)
The Committee on Economic, Social and Cultural Rights review article
15 of the Covenant in a comprehensive manner, and envisage adopting a new general
comment encompassing all rights recognized therein;
(c)
National mapping of existing practices be undertaken, possibly under the
collaborative leadership of UNESCO and WIPO. In particular, compilations of good
practices should be elaborated on:
81
(i)
Measures to promote access to scientific benefits, including access to
scientific knowledge;
(ii)
International cooperation and transfer of technologies;
(iii)
Measures to respect, protect and promote scientific freedom;
(iv)
Human rights safeguards in the conduct and application of scientific
research;
See A/HRC/11/12, AHRC/17/43 and A/64/170.
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