A/HRC/15/WG.2/TF/2
Action process was not subject to change, but its implementation and interpretation
provided opportunities to introduce human rights and right to development priorities. He
also requested the Global Fund to update the task force on new developments in the
promotion of innovation. The representative of the Global Fund referred in his response to
patent pools that had been created, and also stated that the organization is committed to
working with partners to improve access to essential medicines, and would make efforts to
create incentives for manufacturers to collaborate to improve access to intellectual property
and medicines.
33.
In the interactive session with observers, Spain, on behalf of the European Union,
commented that the dialogue initiated by the task force with global partnerships was
beneficial to the implementation of the right to development, and emphasized that
partnerships may also incorporate a human rights approach.
34.
Egypt, speaking on behalf of the Non-Aligned Movement, referred to Council
resolution 12/24, in which the Council requested OHCHR to organize an expert
consultation on access to essential medicines, and stated that the outcome of the
consultations should be linked to the right to development criteria. The United States of
America, commenting on the mission report on access to essential medicines, expressed
appreciation for the efforts made in information gathering. The United States took
exception to the reference in the report to the right to development as “universally
accepted”, since, in its view, this is not the case. In a clarification, the ChairpersonRapporteur explained that the reference in the report alluded to the repetition of
commitment to this right in such consensus documents as the Vienna Declaration of 1993,
the Millennium Declaration of 2000, the Monterrey Consensus of 2002, the World Summit
Outcome of 2005 and various other world summits and conferences where the United
States had joined consensus. He also respected the reservations and negative votes
expressed by the United States in the past, and agreed that the political significance of
agreeing to a long consensus text with a brief reference to the right to development should
not be exaggerated. Nevertheless, universal acceptance (which does not imply any legal
obligations) could be concluded from those consensus documents at the highest level.
Egypt and Mauritius supported this viewpoint, adding that, in all human rights documents
and resolutions, the right to development was always mentioned together with other human
rights.
B.
Millennium Development Goal 8, target F, on technology transfer
35.
The Chairperson-Rapporteur recalled that the task force had proposed, and the
Working Group had accepted, that the former would address target F of Goal 8 from the
perspective of the potential contribution to the right to development of the WIPO
Development Agenda and the Clean Development Mechanism of the United Nations
Framework Convention on Climate Change, rather than information and communication
technology.
36.
Ms. Fukuda-Parr presented the report of the technical mission to WIPO undertaken
to initiate a dialogue on the WIPO Development Agenda from a right to development
perspective. The importance of the agenda for development results from technology being a
crucial element in creating an enabling environment for development, as technological
innovation is an essential input to almost every area of human progress. The uneven global
distribution of access and innovation is a defining challenge of the twenty-first century. The
agenda is a major breakthrough in ensuring that the framework of intellectual property
protection is managed to serve the public interest.
37.
Ms. Fukuda-Parr recalled the key tensions between intellectual property systems and
the right to development. While intellectual property encourages innovation that produces
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