Conflict Of Rights Under The Framework Of The Trips Agreement And Coordination

During the enforcement of the TRIPs Agreement, violent discussion about the relationship between intellectual property rights and human rights and introspections on the rationality of the International Intellectual Property System were resulted from the contradiction between drugs patent and public health. In the Doha Declaration on the TRIPs Agreement and public health and the implement decision of the six paragraph of the Doha Declaration, that public health right is superior to the intellectual property was defined, as well as the WTO members can make full use of the elastic clause of TRIPs Agreement to solve the problem of insufficient or no manufacturing capacities in the pharmaceutical sector relating to compulsory licensing and parallel importing. But all of these could not solve the fundamental confliction between the TRIPs Agreement and the protection of public health. The right confliction under the TRIPs Agreement will exist in the long term. Coordinating their relationship becomes the fundamental impetus of the development of the TRIPs Agreement. This is the main cause of my writing this paper. In addition, China, as a developing country, the discussion of this problem has the important reality meaning. It benefits the application of the TRIPs Agreement in our country as well as improvement of the Intellectual Property Strategy.Besides the forewords, the paper includes the following five chapters.Chapter 1: Actual right conflictions under the TRIPs Agreement. In this part, actual conflictions between intellectual property and health , cultural right, environment right, development right under the Trips Agreement were described by the concrete cases.Chapter 2: The analyzing of the causes of the right conflicts under the TRIPs Agreement. There are four reasons: Firstly, the conflicts are intrinsic because of the double aims of the Intellectual Property System. Secondly, the development of science and technology swiftly and violently resulted in the expansion and strengthen of right of person of intellectual property right and damaged the balance mechanism of International Intellectual Property system. Thirdly, the protection of internationalintellectual property alienated the trade tool of developed countries. Fourthly, the implement of the Trips Agreement intensified the contradiction.Chapter 3: The international coordinating attempt. The conflicts are unfavorable to the protection of the traditional culture; restrain the economic and society development of the developing countries, prevent the health development of the International Intellectual Property system. International society has a limited coordinating attempt but, the conflicts have not be solved fundamentally. Coordinating their relationship appropriately becomes the fundamental impetus of the development of the TRIPS Agreement.Chapter 4: Coordinating countermeasures of the conflicts. In my opinion, the relationship between intellectual property and human rights should be understood correctly and the value orientation of the International Intellectual Property protection should be oriented again in order to seek the coordinating countermeasures. As a result, WTO should emphasize the development of developing countries; construct the balance mechanism of international Intellectual Property system again. At the same time the developing countries need improve the economic strength and strengthen cooperation between developing countries.Chapter 5: Enlightenment to China of the actual conflictions between intellectual property and the other human rights under the Trips Agreement China, as a new developing member of WTO should formulate the Intellectual Property strategy quickly, perfect the related legislation, make use of the elastic clause of Trips Agreement efficiently and take part in the international negotiation actively.The proposition of this paper is a new topic of the WTO system as well as an important factor of influencing the development of the International Intellectual Property System. This choosing has a little new meaning and value. Analyze of the conflict causes and the Coordinating countermeasures have some new conception in the content.