General Comment 17 ICESCR IP Eng

UNITED E NATIONS Economic and Social Distr. GENERAL Council E/C.12/GC/17 12 January 2006 Original: ENGLISH COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Thirty-fifth session Geneva, 7-25 November 2005 GENERAL COMMENT No. 17 (2005) 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 (article 15, paragraph 1 (c), of the Covenant) GE.06-40060 (E) 020206 E/C.12/GC/17 page 2 I. INTRODUCTION AND BASIC PREMISES 1. 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 is a human right, which derives from the inherent dignity and worth of all persons. This fact distinguishes article 15, paragraph 1 (c), and other human rights from most legal entitlements recognized in intellectual property systems. Human rights are fundamental, inalienable and universal entitlements belonging to individuals and, under certain circumstances, groups of individuals and communities. Human rights are fundamental as they are inherent to the human person as such, whereas intellectual property rights are first and foremost means by which States seek to provide incentives for inventiveness and creativity, encourage the dissemination of creative and innovative productions, as well as the ...