[Ip-health] New from 3D: Analysis of CESCR General Comment 17, relating to IP and HR

[3D -> Trade - Human Rights - Equitable Economy]

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Dear friends and colleagues,



We are pleased to share with you our new Policy Brief, which analyzes
General Comment 17 of the Committee on Economic, Social and Cultural Rights
(CESCR).  The Policy Brief is available for download at
http://www.3dthree.org/en/page.php?IDpage=3D27



CESCR General Comment 17 has important implications for the relationship
between intellectual property (IP) and human rights.  The Policy Brief
concludes that whilst the General Comment 17 helps clarify the relationship
between IP rights and human rights, it could undermine efforts to promote
fairer and development-consistent IP systems.  To its credit, the General
Comment clarifies that IP rights are not human rights, and explicitly
asserts that private entities such as corporations cannot claim the right t=
o
benefit from =91scientific, literary or artistic production=92 as a human r=
ight.
Moreover, it makes clear that indigenous communities and cultural minoritie=
s
have the human right to benefit from such production.



Unfortunately, however, by promoting IP protection as the preferred way to
implement the rights of authors to benefit from the moral and material
interests resulting from their scientific, literary or artistic production,
the General Comment can play into the hands of corporate owners of IP at th=
e
expense of individual authors, inventors, artists, or custodians of
traditional knowledge.  For the same reason the General Comment could
support arguments for higher standards of IP protection worldwide.  The
General Comment concludes by calling on the Committee on Economic, Social
and Cultural Rights to rapidly adopt a clarification of General Comment 17
to avoid that the current version be interpreted in ways contrary to the
enjoyment of other rights in the Covenant.



3D is a non-profit non-governmental organization based in Geneva.  We
encourage the use of human rights rules and mechanisms to promote an
equitable economy.  We publish information on human rights and trade,
provide training and teaching materials, and provide support and advice to
professionals in the field.  For more information about our activities, we
invite you to visit our website at www.3dthree.org <http://www.3dthree.org/=
>
or to contact us at the address below.



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Sincerely



The 3D Team







3D --> Trade - Human Rights - Equitable Economy

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1205 Gen=E8ve

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17







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