Era Of Post-TRIPS Agreement: The International Protection Of Intellectual Property Rights And Human Rights Protection

After entering the era of Post-TRIPS Agreement, while TRIPS Agreement to promote the development of international protection of intellectual property, the relationship between International Protection of Intellectual Property Rights and human rights protection became the focus with Governments and international human rights protection. With the protection of intellectual property the further development of international, international organizations and national experts on the international protection of intellectual property rights and the conflict between human rights protection have gained a better understanding. Globally, international organizations through created international treaties or conventions, each state party by way of domestic legislation, formed a series of international protection for intellectual property and human rights protection principles of the relationship between coordination, and in practice have also created a number of co-ordination experience. While these results certainly, we should also see that the lack of research in the international protection of intellectual property and human relations in China, especially in the aspects of the relationship coordination between the international protection of intellectual property rights and human rights protection, there are still some gaps now. In this paper, the international protection of intellectual property and human rights protection in-depth understanding of the basis, analyzing the international protection of intellectual property rights and the conflict between human rights protection, on the coordination of the international protection of intellectual property rights and human rights protection for further reflection on the relationship.The full text consists of five parts, with parallel structure arrangements, on the basis of understanding the basic knowledge between International protection of intellectual property and human rights protection, by analyzing the causes of conflict between international protection of intellectual property rights and human rights protection, and performance of conflict between the international protection of intellectual property rights and human rights protection basic human rights protection, And from the sound system of international protection of intellectual property rights and the correct handling of intellectual property rights protection and human rights protection international relations between the two areas of interest, review the international protection of intellectual property rights and the common development of human rights protection, and the end of this article our country in the post-TRIPS Agreement on how the times Intellectual Property Protection and human rights protection should make a favorable relationship to explore.Part I, elaborating the basic knowledge of International protection of intellectual property and human rights protection. First described in detail in chronological order the production and development of the International protection of intellectual property, and into the author's new understanding and perspective, particularly in the development of international protection of intellectual property problems for assessment, then, the historical evolution of the concept of human rights protection and the characteristics of human rights protection discussed in detail. In the concept of human rights protection discourse, the author criticized some erroneous ideas of the theoretical circles, while put forward personal views on human rights protection. Through a detailed analysis of the characteristics of human rights protection, come to the real meaning of human rights protection contained in, at the last, based on the above, discusses ties and differences of intellectual property rights and human rights protection as two forms rights.Part II, looking at domestic and International research on the relationship of international intellectual property protection and human rights protection, summed up main reason of conflict between intellectual property protection and human rights protection, and these reasons were evaluation of analytical, because only truly understand causes of the conflict between the international protection of intellectual property rights and human rights protection, to find effective ways for coordinate the relationship between the two. Then, This article discusses The performance of conflict between the international protection of intellectual property rights and the basic human rights protection, health, privacy and environmental rights as fundamental human rights protection of human essential, Through analysis of the performance of these conflicts, there will be important role in enlightening for researching on the relationship of between the international protection of intellectual property rights and human rights protection.Part III, through the first part of research with the conflict between the international protection of intellectual property and human rights protection, learn at home and abroad in the coordination of the international protection of intellectual property rights and human relations based on experience, to obtain the basic principles applicable to coordinate the relationship between the international protection of intellectual property and human rights protection. These basic principles are the cornerstone of the relationship, have important guiding significance. Above we analyzed the conflict of the international protection of intellectual property rights and the basic human rights protection. On this basis, further discuss the specific practice for the international protection of intellectual property rights and other basic human rights protection.Part IV, whether discourse the conflict of the international protection of intellectual property and between human rights protection, or analysis of the relationship on the coordination of the international protection of intellectual property rights and human rights protection, in order to correctly handle all the interests of the international protection of intellectual property rights and human rights protection, bring about the common development of International protection of intellectual property rights and human rights protection. This section will focus on the treatment of interest between the international protection of intellectual property rights and human rights protection, anglicizing and discussing common development of both, established system of international protection of intellectual property the main purpose is to encourage the innovative spirit of humanity, promoting the development of knowledge economy, improving the country's economic and technological level; the main objective of the establishment of human rights protection protection system is to protect basic human rights protection, guarantee the most basic protection of human survival and freedom. Direct purpose of international protection of intellectual property focused on the economic aspects of development, The immediate purpose of human rights protection protection system focused on the protection of basic human rights protection, but the ultimate goal of both is basically the same, Is to better human life. So Related systems and measures should be set, to ensure the common development of international protection of intellectual property rights and human rights protection, firstly, through legislation or amendment legal documents form, further improve international protection system, reduce existing international protection of intellectual property rights regimes unreasonable provisions, Secondly follow basic principles of coordination relationship international protection and human rights protection, correctly handle international protection of intellectual property rights and human rights protection interest relationship.Partâ…¤, after entered post-TRIPS Agreement era, with international protection of intellectual property rights content strengthen and standards improve. Our country international protection of intellectual property rights and human rights protection relations should conduct revisit to effectively respond in the post-TRIPS Agreement era international protection of intellectual property rights and human rights protection relations. First of all, Should strictly implement in 2008 promulgated new "national IP Strategy Outline", in accordance with the spirit of the "strategic framework", enhancing our intellectual property creation, protection and management capabilities, building an innovative country, the comprehensive construction well-off society; secondly, pay attention to changes in intellectual property legislation, strengthening Intellectual Property System, raising the level of IP enforcement; finally, enhance our traditional strengths in the field of intellectual property protection, improve ours states the status and role in the international IP system.Based on the above five parts of the detailed analysis and discussion, designed to coordinate international the relationship between protection of intellectual property rights and human rights protection. International protection of intellectual property and human rights protection protection system in the development process, will inevitably lead to conflict. This requires us to improve the relevant international conventions or treaties and domestic law, In the interest of equity and human rights protection principles under the guidance of the principle of protection, implemented scrupulously, The only way to coordinate the conflict between the international protection of intellectual property rights and human rights protection, to ensure common development of international protection of intellectual property rights and human rights protection.