Relation, Conflict And Harmony Between Intellectual Property And Human Rights

There is no doubt that intellectual property system plays significant role in promoting today's economic and social development . With the development of new technology characterized by IT and the enhancement of economic globalization, intellectual property protection is becoming more and more emphasized. Practically , IP has in some way established its sacred position . However, the present intellectual property system is being challenged, both practically and theoretically. Intellectual property rights is exclusive rights enjoyed by rights owner in a certain time. This kind of exclusive rights is substantially a monopoly rights. As it should be, this monopoly rights is reasonable, but it should be limited within a rational scope, otherwise the legitimate monopoly rights is apt to be abused and overspread, and thus infringe public benefits. Intellectual property monopoly and its aggression on public benefits in practice render us more concerned with the issue of conflict and harmony between intellectual property rights and human rights. In time of the day when human rights have been the focus of contemporary society, censoring intellectual property system in terms of human rights will further improve intellectual property system itself , making intellectual property system more fitted for the requirement of contemporary social development. And thus, it extricates from various challenges and predicaments constantly encountered and grow harmoniously with human rights. The central arguments of the thesis include: IP rights is a private right, and it has the properties of public products as well , demonstrating more and more properties of public right and having great impacts on the massive public benefits. Consequently, in practice intellectual property rights will inevitably cross with basic human rights , even probably lead to contradiction and conflict . If we blindly consider intellectual property rights holly and absolutely, it will cause its aggression on human rights . However, intellectual property rights and human rights should be consistent and unified in essence and should progress harmoniously.The thesis falls into four parts: The first part deals with the relationship between intellectual property rights and Human rights. As a civil right, intellectual property belongs to another legal branch far from human rights. The issues such as how the two legal branches cross , what's the relationship between them, and the way the relationship is established are the basis of the research into the relationship between IP rights and human rights. The thesis , beginning with the exploration of the implication of intellectual property rights, argues that the intellectual property object are sharable and intangible naturally, and intellectual property rights possess quality of monopoly. Based on the essential recognition of intellectual property, the thesis expounds the basic relationship between intellectual property and human rights, advancing intellectual property enjoys some quality of human rights, and is essentially consistent with human rights. It stresses intellectual property rights ought to be restricted by the other basic human rights and be brought into unified human rights system. Meanwhile, the thesis dissertate the significance of the human rights analysis methods in intellectual property research.The second part deals with the conflict between intellectual property rights and human rights. The thesis makes positivism analysis and commentary on the conflict phenomena between intellectual property and human rights in practice, making specific research into the conflict between intellectual property and freedom of speech , public rights to health, culture rights of aboriginal , and development rights of developing countries. The thesis raises from analysis that the expanding and abusing of intellectual property rights will aggress the basic rights of those involved and thus lead intellectual property rights and human rights into the state of conflict and confrontation, then makes the departure from each other.The third part is the theoretical response to the cause of the conflict between intellectual property rights and human rights. In this part, the thesis mainly makes nomological analysis and response on the conflict between intellectual property rights and human rights , aiming at understanding the conflict theoretically. Based upon generic theoretical research of the issues of rights conflict, the thesis generally holds the cause and essence of the conflict between intellectual property rights and human rights and raises that the conflict on the one hand reflects the conflict of benefits , that is, the conflict between intellectual property rights holder's benefits and public benefits. On the other hand , it also reflects the value conflict, that is , the conflict between value of equality and efficiency. Also, through the rethinking of the fundamental theories of IP rights , the thesis put forward that the root of the conflict lies in the traditional concept of intellectual property system. These traditional concepts stem from the recognition of the rationality of intellectual property rights protection , namely the fundamental theories of intellectual property system. Therefore, there is an urgent need to reflect on the fundamental theory of intellectual property system, renew the concept of intellectual property system , and then construct a theoretical frame of the harmonious progress of intellectual property and human rights.The fourth part is the harmonious progress of intellectual property with human rights. Analyzing the conflict between intellectual property rights and human rights , exploring its cause in jurisprudence is not equivalent to radically negating this system, and it also doesn't absolutely emphasize that the value of human rights is superior to that of intellectual property. As far as the aim is concerned, intellectual property rights and human rights are unitive and thus should be harmonious without essential difference and conflict. Intellectual property ought to be the forceful tool and means of fulfilling human rights benefits rather than the restriction. The thesis advances that in order to assist intellectual property progress harmoniously with human rights , a sequence of principles should be carried out in institution designing : namely legal benefits preferred protection principle , benefits balancing principle, relating intellectual property protection to economic social development principle , and the self-determination principle in legislation. Systematically, we should further improve intellectual property rights restriction system and set forth more effective anti-monopoly measures, while in some field of intellectual property attempt alternative system and establish the censoring mechanism in terms of human rights principles. Finally , the thesis censors China's present intellectual property system in terms of human rights , and proposed the detailed assumption of improving harmonious progress of intellectual property with human rights to ensure the conformity of intellectual property rights and human rights in ultimate aims .