A/HRC/12/WG.2/TF/2
page 10
has progressively expanded its scope, but not on the wider range of research issues that are
specific to resource-poor settings, such as the availability of certain treatment regimes and the
infrastructure required for effective access to health care in poor tropical regions. With regard to
the Global Fund, the consultant emphasized its transparency, commitment to good governance
and sensitivity to human rights concerns, while noting some limitations of its programming. He
also referred to the new Innovation and Access paradigm, which focused on developing new
“open source” models, such as the use of collective management of patent rights to expand
access to technologies. Against the existing right to development criteria, both the Special
Programme and the Global Fund could be regarded as consistent with right to development
principles. Upon closer scrutiny, through the development of supplemental criteria, the
Programme could be evaluated more critically. Such criteria would include whether the
initiatives are supportive of a biomedical research and development treaty, separation of research
and development initiatives from drug prices, and support for a patent pool and overall support
of transparency in patent licensing arrangements.
3.
Common Market of the South
35. Paraguay, currently holding the presidency of the Common Market of the South
(MERCOSUR), reiterated the interest of MERCOSUR to maintain a dialogue with the task
force. The value MERCOSUR attached to human rights was reflected in the fact that high
officers from human rights and ministries of foreign affairs of MERCOSUR countries were
currently meeting in Paraguay, and consideration of the prospective dialogue with the task force
was on the agenda of that meeting.
4.
Development Agenda of the World Intellectual Property Organization
36.
The Acting Director for the WIPO Development Agenda presented background
information on the Development Agenda, including recommendations on mainstreaming the
development dimension, interfacing intellectual property and competition policy, and transfer of
technology to developing countries.
37.
UNCTAD noted that treaty provisions on transfer of technology are not obligatory, but
rather couched in terms of best efforts to transfer technology. One major exception was article
66.2 of TRIPS agreement, which obliges developed countries to provide incentives for the
transfer of technology to least developed countries. It is important to assess the extent to which
this provision is being implemented from a right to development perspective.
38. WIPO considered that the patent system supported rules-based innovation and recalled
that there were millions of patents in the public domain, freely available for further invention and
innovation. However, many developing countries cannot benefit from these patents and it was
time for these countries to benefit, which is what the development agenda sought to achieve.
5.
Clean development mechanism
In the absence of a representative from the secretariat of the United Nations Framework
39.
Convention on Climate Change and of the Kyoto Protocol, UNCTAD provided a historical
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents