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Human Rights and HIV/AIDSTable 4.4Comparative analysis of patent lawsCountryIndiaPakistanSri LankaPatent LawIndian Patents Act, Second Amendment 2002: Provides patent protection for all processes andproducts involving an “inventive step” and capable of “industrial application”. The Act exemptspharmaceutical products till December 2004, and clarifies rules for issuing compulsory licenses.However, the Bill has several clauses, which remain ambiguous and will need clarification beforeIndia accedes to TRIPS in 2005.Patents Ordinance, 2000: Promulgated to bring the country’s patent laws in line with TRIPS, thenew law recognises patents on all products and processes which are new, involve an inventivestep and are capable of industrial application, along with provisions for compulsory licensing andparallel imports.Code of Intellectual Property, Act No. 52 of 1979 The Act provides protection for patents for aperiod of 15 years. It does not comply with TRIPS and new legislation will be enacted beforeJanuary 2005. Sri Lanka does, however, have bilateral IP agreements (e.g. with the UnitedStates) under which it accords higher protection to patents from those countries.TRIPS Agreement and the DohaDeclaration. Maldives and Bangladesh,along with other least developedcountries have time until 2016 toimplement the patent provisions ofTRIPS for pharmaceutical products.The challenge of providing access to goodquality drugs to PLWHA is, indeed, adaunting one, dealing as it does withissues of medical research, pricing andintellectual property rights. However,facing the challenge is an integral part ofdealing with HIV/AIDS in a rights-basedframework.4.6 International HumanRights rameworkThe Universal Declaration of HumanRights has been recognised as the MagnaCarta of human rights all over the world.The basic tenets of this declaration are theright to liberty, security and freedom ofmovement, the right to work, the right toeducation, the right to social security andservices, the right to equality-equalprotection before the law, the right tomarriage and family and the right to health.International human rights have beenfurther codified in a number of legallybinding international covenants anddeclarations such as the following:l International Convention on theElimination of All Forms of RacialDiscrimination (CERD-1965)l International Covenant on Civil andPolitical Rights (ICCPR-1966)l International Covenant onEconomic, Social and Cultural Rights(ICESCR-1966)l Convention on the Elimination of Allforms of Discrimination AgainstWomen (CEDAW-1979)l Convention Against Torture andother Cruel, Inhuman or DegradingTreatment or Punishment (CAT –1984)l Convention on the Rights of the Child(CRC-1989)International human rights instrumentsplay an important role in respect ofHIV/AIDS and human rights, since theirnorms may guide the establishment ofprocedural, institutional and socialmechanisms to counter the HIV/AIDSepidemic. In addition to the legallyRegional Human Development Report104 HIV/AIDS and Development in South Asia 2003