The Conflict And Coordination Between The Rights Of Traditional Resources And Intellectual Property On TRIPs Era

The system of international protection of intellectual property rights faces new issues, such as traditional knowledge, genetic resources protection system. In order to protect the variety and creation of today's creative intellectual property, people for a very long time regardless of their "source of the tradition ", therefore, the protection of resources, the developed countries and the developing countries have the obvious conflict on the intellectual achievements and the origin of the traditional resources.However, with the development of international trade is continuously, facing the conflict between the two systems, people increasingly realize the importance of the protection of traditional resources, however, due to the traditional definition by the international community, the analysis of the essence of resources, there is still no consensus on protection of traditional resources, the scope of protection and how to protect. Based on this, the author comes from "traditional resource", according to the traditional resources, analyze the concept, characteristics, nature of intellectual property rights, traditional resources rights.Then try to give the reasons of conflicts caused by intellectual property rights and traditional resources rights, in the end, the paper puts forward the of the coordination of the traditional resources rights and intellectual property rights.Based on the analysis, the author draw the following two conclusions:first, the traditional resource rights does not belong to intellectual property rights, but a kind of new system, which is independent of current intellectual property system. Second, traditional resources rights belong to the human rights, with conflict of the intellectual property, which actually essentially described the conflict between the human rights and intellectual property rights. Through the above two conclusion, the author holds that the concept of traditional resource rights, it is completely broke through the pattern of current intellectual property rights, it is no longer limited to intellectual property rights system, but from the height of human rights, which traditional resources protection offers another more comprehensive protection ideas.