WStates, and other actors in a position to assist, to develop jnternational intellectual property regimes that enable ‘developing States to fulfill at least their core obligations ‘to individuals and groups within their jurisdictions. In ‘this regard and so as to avoid repetition, the Committee reaffirms paragraphs 15 to 18 of its statement on poverty."® 14. The Charter of the United Nations commits all nations to the development of an equitable and just jnternational order that encourages peace, solidarity, social progress and better standards of life for all nations large and small. Article 28 of the Universal Declaration of Human Rights declares that everyone has the right to a social and international order in which the rights and freedoms in the Declaration can be enjoyed. Articles 2.1 and 23 of the Covenant further state that States parties should engage in international cooperation in order to achieve progressively the rights enshrined in the Covenant. Article 15.4 of the Covenant further recognizes the benefits to be derived fram encouraging and developing international contacts and cooperation in the scientific and cultural fields.*” 15. The Committee observes that countries enjoy different levels of development, resulting in different technological needs. focus on protection the While some countries of technology, others might cooperation, technology 17. Article 15 of the Covenant sets out the need to balance the protection of public and private interests in knowledge. On the one hand, article 15.1 (a) and (b) recognizes the right of everyone to take part in cultural life and to enjoy the benefits of scientific progress and its applications. On the other hand, article 15.1 (c) recognizes the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author. When adopting and reviewing intellectual property systems, States should bear in mind the need to strike a balance between those concurrent Covenant provisions, In an effort to provide incentives for creation and innovation, private interests should not be unduly advantaged and the public interest in enjoying broad access to new knowledge should be given due consideration. The Committee notes that an example of this need to strike a balance can be found in the recent Declaration on the TRIPS Agreement and Public Health, which recognizes that intellectual property protection is important for the development of new medicines, but at the same time also recognizes the concerns about its effect on prices.!® Conclusion may focus more on facilitating access. It is essential that intellectual property regimes facilitate and promote development Balance transfer and scientific and cultural collaboration. International rules 18. The importance the Committee considers integration of fundamental of international human rights norms into the enactment and interpretation of intellectual property law. Consequently, States parties be uniform if this might lead to forms of intellectual property protection inappropriate for development goals. The Committee encourages the adoption and should guarantee the social dimensions of intellectual property, in accordance with international human rights obligations to which they have committed themselves. An explicit commitment to do so and the establishment implementation of effective international mechanisms for special and differential treatment for developing of a mechanism fora human rights review of intellectual property systems are important steps towards that goal. concerning intellectual property should not necessarily countries concerning intellectual property protection. Self-determination 16. Article 1.2 of the Covenant states that “[a]ll peoples may, for their own ends, freely dispose of their natural Wealth and resources without prejudice to any obligations arising out of international economic cooperation ... ". National sovereignty over wealth and resources is an important prerequisite for the effective promotion and protection of human rights. In negotiating, and adhering to, international treaties on intellectual property, States Should consider how this will affect their sovereignty 19. There is a similar need for intergovernmental organizations to integrate international human rights obligations and principles into their policies, practices and operations. Conscious of the far-reaching importance and complexity of integrating human rights into the development of intellectual property regimes, the Committee confirms its willingness to discuss the issues identified in this statement with relevant actors and its availability to assist States parties and intergovernmental organizations in this process. 18 World Trade Organization, Declaration on the TRIPS Over Wealth and resources and ultimately their capacity Agreement and Public Health, Ministerial Conference, Fourth to ensure the rights enshrined in the Covenant. Session, Doha, Qatar, adapted on 14 November MIN(01)/DEC/2, paragraph 3. 2001, WT/ —_——_——____... 16 See note 7, 17 The Covenant refers to “international assistance and cooperation”, or similar formulations, in articles 2.1, 11.2, 15.4, 22 and 23. GENERAL COMMENTS AND STATEMENTS 57