E/C.12/GC/17
page 14
52.
All authors who are victims of a violation of the protected moral and material interests
resulting from their scientific, literary or artistic productions should, consequently, have access
to effective administrative, judicial or other appropriate remedies at the national level. Such
remedies should not be unreasonably complicated or costly, or entail unreasonable time limits
or unwarranted delays.35 Parties to legal proceedings should have the right to have these
proceedings reviewed by a judicial or other competent authority.36
53.
All victims of violations of the rights protected under article 15, paragraph 1 (c), should
be entitled to adequate compensation or satisfaction.
54.
National ombudsmen, human rights commissions, where they exist, and professional
associations of authors or similar institutions should address violations of article 15,
paragraph 1 (c).
VI. OBLIGATIONS OF ACTORS OTHER THAN STATES PARTIES
55.
While only States parties to the Covenant are held accountable for compliance with its
provisions, they are nevertheless urged to consider regulating the responsibility resting on the
private business sector, private research institutions and other non-State actors to respect the
rights recognized in article 15, paragraph 1 (c), of the Covenant.
56.
The Committee notes that, as members of international organizations such as WIPO,
UNESCO, the Food and Agriculture Organization of the United Nations (FAO), the
World Health Organization (WHO), and the World Trade Organization (WTO), States parties
have an obligation to take whatever measures they can to ensure that the policies and decisions
of those organizations are in conformity with their obligations under the Covenant, in particular
the obligations contained in articles 2, paragraph 1, 15, paragraph 4, 22 and 23 concerning
international assistance and cooperation.37
57.
United Nations organs, as well as specialized agencies, should, within their fields of
competence and in accordance with articles 22 and 23 of the Covenant, take international
measures likely to contribute to the effective implementation of article 15, paragraph 1 (c). In
particular, WIPO, UNESCO, FAO, WHO and other relevant agencies, organs and mechanisms
of the United Nations are called upon to intensify their efforts to take into account human rights
principles and obligations in their work concerning the protection of the moral and material
benefits resulting from one’s scientific, literary and artistic productions, in cooperation with the
Office of the High Commissioner for Human Rights.
Notes
1
Relevant international instruments include, inter alia, the Paris Convention for the Protection
of Industrial Property, as last revised in 1967; the Berne Convention for the Protection of
Literary and Artistic Works, as last revised in 1979; the International Convention for the
Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome
Convention); the WIPO Copyright Treaty; the WIPO Performances and Phonograms Treaty
(which, inter alia, provides international protection for performers of “expressions of folklore”),