Research Of Intellectual Property From The View Of Human Rights

The research target is to solve the conflict between the intellectual property and the surviving and developing right of the developing countries, which is the result of the worldwide Intellectual property Negotiation. Then, this article further put forward the intellectual property strategy for our country. At first, this article doubts a kind of opinion, which shows some scholars consider that intellectual property is of the nature of human right, and this article also gives description showing that intellectual property is not human right and the relation between them should be the one between the target and measures. When conflict occurs, intellectual property has to defer and even compromise to human right. The second part is to discuss the relation between intellectual property and right of existence. There are positive and negative effects for the intellectual property to right of existence. The article tells us the strategy of our country is to promote the speed of the completing the amendment of public health item, which is proposed in TRIPS negotiation, together with the other developing countries. And we try all our best to set up the patent medicine difference pricing mechanism, some patient medicine country tally trade mechanism, and the world health public research institutions. On the other side, we set up national medical-care protection mechanism and medical loan providing mechanism, and ect, meanwhile, we try to increase the production and distribution of the medicine with scientific name, carry out compulsive permission mechanism, and strengthen the traditional intellectual protection The third part points out, only if intellectual property fits the national economy development ability, it can improve creation and development, according to the retrospection of the relation between intellectual property and developing right, under the view of the developed countries and the developing countries. At present, on the one hand, our nation should associate with developing countries and make the international negotiations with those developed countries. We try to set up the intellectual property protection system, which fits our own country's ability; on the other side, in the aspects of patent examination and tortuous right justice verdict, we should strictly limit right requirement. We should properly use equation principle on the basis of narrow sense explanation, to shorten the blockage bound of the foreign patent towards our technique innovation, meanwhile, we support the international standard with the absolutely novel patent, to motivate our enterprises to make the most excellent inventions.