[x-pubpol] UN Human Rights Council resolution on cultural diversity

Joly MacFie joly at punkcast.com
Mon Jul 9 13:23:47 PDT 2012


http://www.ip-watch.org/2012/07/09/un-human-rights-council-tackles-iprs-benefits-of-scientific-progress/

The United Nations Human Rights Council last week adopted a resolution
promoting cultural rights and diversity, with a commitment to hold a
seminar next year on the right to enjoy the benefits of scientific progress
and its applications. The resolution includes continuing support for a
special observer on the issue who recently submitted a report raising
questions about the impact of intellectual property rights on the diffusion
of knowledge.

The Human Rights Council concluded its twentieth regular session on 6 July.

The resolution (A/HRC/20/L.18)<http://ap.ohchr.org/documents/E/HRC/d_res_dec/A_HRC_20_L18.doc>
states:
“regarding the promotion of the enjoyment of the cultural rights of
everyone and respect for cultural diversity, as orally amended, adopted
without a vote, the Council requests the Office of the High Commissioner
for Human Rights to convene, in 2013, a seminar on the right to enjoy the
benefits of scientific progress and its applications, and to provide all
the human and financial resources necessary for the effective fulfilment of
the mandate by the Special Rapporteur.”

The resolution references a report from the special rapporteur for cultural
diversity. The rapporteur’s report is
here<http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session20/A-HRC-20-26_en.pdf>
[pdf].
The report contains extensive discussion on the balance of IP rights and
public access, suggesting they may be harming access for developing
countries in particular, such as in the case of public health.

The Human Rights Council will take forward the discussion of balance.

“[T]he Special Rapporteur proposes the adoption of a public good approach
to knowledge innovation and diffusion, and suggests reconsidering the
current maximalist intellectual property approach to explore the virtues of
a minimalist approach to IP protection,” the May 2012 report said.
“Recalibrating intellectual property norms that may present a barrier to
the right to science and establishing greater coherence among them seem to
be necessary steps. The Special Rapporteur stresses the need to guard
against promoting the privatization of knowledge to an extent that deprives
individuals of opportunities to take part in cultural life and to enjoy the
fruits of scientific progress, which would also impoverish society as
whole.”


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