A/70/279 96. The WTO bodies should take into account human rights standards and obligations when interpreting WTO rules on intellectual property. They should review rules that have a negative impact on the realization of human rights. 97. States should complete a human rights impact assessment of their domestic patent law and policy. 98. National courts and administrative bodies should interpret international and national patent rules consistently with human rights standards. 99. States should allow non-governmental organizations, farmers’ groups and other public interest groups, as well as government bodies, to challenge patents in pre- and post-opposition proceedings and in courts on the basis of public interest standing. 100. Patent laws should place no limitations upon the rights to health, food, science and culture, unless the State can demonstrate that the limitation pursues a legitimate aim, is compatible with the nature of this right and is strictly necessary for the promotion of general welfare in a democratic society (International Covenant on Economic, Social and Cultural Rights, art. 4). In all cases, the least restrictive measure shall be adopted. 101. In accordance with principle 11 of the Guiding Principles on Business and Human Rights, business enterprises should respect human rights and address any adverse human rights impacts resulting from their activities. C. Exclusions, exceptions and flexibilities 102. In accordance with principle 9 of the Guiding Principles on Business and Human Rights, States should maintain adequate domestic policy space to meet their human rights obligations when pursuing business-related policy objectives with other States or business enterprises, for instance through investment treaties or contracts. 103. States have a positive obligation to provide for a robust and flexible system of patent exclusions, exceptions and flexibilities based on domestic circumstances, including through the establishment of compulsory and government use licences when needed. 104. States have a human rights obligation not to support, adopt or accept intellectual property rules, such as TRIPS-Plus provisions, that would impede them from using exclusions, exceptions and flexibilities and thus from reconciling patent protection with human rights. International agreements that do not provide sufficient flexibility should be renounced or modified. 105. States should refrain from pressuring other States to adopt TRIPS -Plus provisions or to otherwise forego the use of TRIPS-compliant flexibilities. 106. At the domestic level, judicial or administrative procedures should enable members of the public to request the implementation and expansion of exclusions, exceptions and flexibilities to assure their constitutional and human rights. 15-12543 23/26