Research On Legal Issues Of Conflict Between Intellectual Property And Human Rights

Intellectual property rights and human rights, has two relatively independent areas in their respective areas of parallel development.But the tide of economic globalization has made the intersection of the two.With knowledge products to penetrate every aspect of human life, intellectual property protection system in promoting economic development and social progress levels play an increasingly crucial role, especially in the trade process has become an important bargaining chips, their own development also highlighted horizontal broadenedvertical deepening trend, particularly since TRIPS agreement as the core structure of the international protection of intellectual property system as the symbol.Such developments that make the protection of intellectual property presents the trend of expansion of non-rational, the realization of human rights for countries to have a negative impact, followed by making intellectual property rights and human rights, conflict resolution become a hot spot where the international community's attention.Intellectual property rights and human rights had been born out of conflict is rooted in the imbalance between the two benefit-sharing balance.The momentum generated by intellectual property protection system origin lies in the personal interest and public interest from one to the bridge between the architecture, in making the creators of intellectual products of the legitimate rights and interests are protected at the same time, the public interest equally effectively realized.However, the irrational expansion of intellectual property protection, shows just the contrary mind, breaking the balance between intellectual property and human rights at the international level that is reflected in the rules between the developed and developing countries, the creation, in the application of interpretation of thedifferences caused conflicts, therefore, address the realities of intellectual property rights and human rights-based conflict that is re-balancing the interests between the North and the South.This paper against the background of economic globalization, the evolution of system of international law for the history of reference, TRIPS agreement will be the core of intellectual property protection system and the international protection of human rights law as a broad sense part of international law, in the analysis of a concrete manifestation of the conflict, the conflict generatedthe basis of reason, try to systems integration as the means to seek both the conflict solution. In this paper, structural level, is divided into four parts:The first part is a basic explanation of the relationship between intellectual property and human rights, an overview.First of all, a basic intellectual property rights interpretation of the concept of intellectual property rights and human rights, to make a brief description of characteristics, and secondly, the focus on the attributes of both the discussion.With the private rights of intellectual property rights and human rights based on the dual property of their comparative analysis between human rights, as discussed below foreshadowing.Finally, for intellectual property development trend of public power to make tentative study, from the side to strengthen the human rights attributes of intellectual property is all about.The second part of intellectual property rights and human rights, Theory of the conflict.First, intellectual property rights and human rights in a concrete manifestation of the conflict to be addressed.First, the drug patent right conflicts with public health and, secondly, intellectual property rights and the right to development of the conflict, the third, intellectual property rights and the environment of conflict, the fourth, intellectual property and privacy of the conflict, combined with TRIPS agreement provision should be explained.Secondly, to analyze the causes of conflict.First, the internal system of international law to explore a wide range of development, as the historical basis for the conflict.Second, from a legal point of view discussed in the "structural theory" right theory of justice under the TRIPS agreement and public on the right theory of justice based on the repulsion between the human rights.Third, monopoly and abuse of intellectual property protection as the post-TRIPS era of irrational expansion of the follow-up effects, described as too much emphasis on individual interests of its disregard for human rights external thrust.Fourth, from the perspective of human rights to protect their own shortcomings, within and external factors in the theoretical consideration of the ruler, discussed human rights protection system should improve the space is located.Part III is divided into the coordination of intellectual property rights and human rights conflicts.First, for conflict resolution should be accountable to implement the principle, namely, the principle of balance of interests to be addressed.Second, the TRIPS agreement to adjust the rules of its own as a means of coordination and means of combining "Doha Declaration" and the TRIPS rules to be resolved.Third, the DSU will be at the core of the WTO dispute settlement mechanism applied to conflict resolution in an effort to make human rights protection rules to the dispute settlement process in the frame of reference.Fourthly, for the improvement of human rights protection and development of the system itself and put forward practical proposals.Part IV is divided into coping strategies of developing countries.First, the balance of interests to elaborate on specific application of the principle to the current imbalance, based on the feasibility of a balanced reconstruction measures.Second, our country as a perspective of intellectual property rights and human rights, how to resolve conflict choices, what strategic recommendations provided.In the end, in the form of conclusion of the all-inclusive discussion.In today's context of the international community as to the basis of the current economic environment, must not one-sided emphasis on the unilateral protection of intellectual property rights or human rights, both to protect the legitimate rights and interests of intellectual property, encourage invention and creation of a positive nature, whileIn connection with the specific development status of developing countries, taking into account the human rights of citizens of such countries to achieve, which in turn causes an imbalance in the balance of interests to re-return equilibrium.