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107. WTO members should ensure the exemption of least developed countries
from complying with the TRIPS Agreement provisions until they reach a stage
of development where they no longer qualify as least developed countries.
D.
Adopting policies fostering the right to science and culture,
including the right to scientific freedom
108. States and other stakeholders should explore, especially in the area of
health and food security, systems that delink the costs of research and
development from the price of products, in particular medicines.
109. Where scientific and technological research is subsidized by Governments,
intergovernmental organizations or charitable entities, particular care must be
taken within the funding structures and processes to ensure that the resulting
technologies are made widely accessible.
110. States should invest in science, ensure independence for researchers,
guarantee their freedom to publish results and their ability to continue to
undertake research, to improve existing technologies and processes, and to be
innovators in their own context for their survival needs, regardless of patents.
Plant variety rules should not impede the right of small farmers to continue to
use, save, exchange and sell farm-saved seeds and to continue to engage in
experimentation, especially in situ.
111. Universities and other public research institutions play an important role.
They should ensure that their licencing approaches are compatible with their
primary mission to explore and develop technological innovations for the
benefit of society. This role of universities and other public research institutions
should be respected and protected.
112. States should do more to distinguish between generic medications and
counterfeit medications. States through which generic medications transit have
a responsibility to treat the generics in accordance with the law of the
destination country.
113. As suggested by the Global Commission on HIV and the Law, the United
Nations should convene a neutral, high-level body to review and assess
proposals and recommend a new intellectual property regime for
pharmaceutical products that is consistent with international human rights law
and public health requirements, and simultaneously safeguards the justifiable
rights of inventors.
E.
Indigenous peoples and local communities
114. States should (1) ensure availability of legal measures and remedies to
ensure the control by indigenous peoples and local communities over their
biocultural heritage; (2) prohibit unethical and/or unlawful appropriation of
the heritage of indigenous peoples and local communities through patents;
(3) ensure appropriate credit and compensation; and (4) ensure that traditional
knowledge associated with genetic resources that is held by indigenous and
local communities is accessed with the free, prior and informed consent or
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