UNIVERSITY OF THE PHILIPPINESINSTITUE OF HUMAN RIGHTS
Submission to the ASEAN Intergovernmental Commission on Human RightsOn the ASEAN Human Rights Declaration19 June 2012As part of our intervention and submissions during the Second Consultation on the ASEANHuman Rights Declaration last June 15, 2012, Rockwell Center, Makati City, please find below our proposed provisions to be considered as normative content of the ASEAN Human Rights Declaration:
A. On the Right to Property vis-a-vis Right to Intellectual Property,
Proposed Provision:1.Every person has a right to own such private property as meets the essential needs of decent living and helps to maintain the dignity of the individual and of the home. The use of property may be regulated by law in so far as is necessary for the public interest.
2.Every person has the right freely to participate in the cultural life of the community, toenjoy the arts and to share in scientific advancement and its benefits.
3.Every person shall have the right to enjoy the fruits of his scientific, literary, artistic or technical production and the right to protect the moral and material interests stemming therefrom,
provided that such production is not contrary to the enjoyment of public goods necessary for therealization of other human rights of every person or the public.4.Intellectual property is a social product and has a social function. States parties should prevent the use of scientific and technical progress for purposes contrary to human rights anddignity, including the rights to life, health and privacy.Explanation:Intellectual property rights are first and foremost means by which States seek to provideincentives for inventiveness and creativity, encourage the dissemination of creative and innovative productions, as well as the development of cultural identities, and preserve the integrity of scientific,literary and artistic productions for the benefit of society as a whole.Intellectual property protections should not result in the weakening of the enjoyment of the humanrights to food, health and education, as well as in taking part in cultural life and in enjoying the benefitsof scientific progress and its applications.To strike an adequate balance between the effective protection of the moral and material interestsof authors and States parties’ obligations in relation to the rights to food, health and education, as well asthe rights to take part in cultural life and to enjoy the benefits of scientific progress and its applications,
Copied from Art. 17, Charter of Fundamental Rights of the European Union.
Copied from Art. 15, (a) & (b), International Covenant on Economic, Social and Cultural Rights.
Copied from Art. 16, Cairo Declaration on Human Rights in Islam.