Intellectual Property Rights And Human Rights From The Vision Of International Law

By developed countries leading intellectual property protection standard basically realize the target of globalization. Intellectual property law globalization is the direct consequence of intellectual property and human rights conflict, especially of the world trade organization agreement on trade-related aspects of intellectual property rights (hereinafter referred to as the TRIPS agreement) to human rights in constitutes a direct impact performance the tri agreement and to realize the economic, social and cultural rights exist between the actual or potential conflict, this kind of circumstance for people in recent years, increasing concern for the international community to also launched management actions.Based on human rights and intellectual property rights category two discusses two kinds of international system (set), this paper discusses the evolution of intellectual property law globalization, and to describe the process of globalization intellectual property rights expansion picture; With human rights treaty emergence, development and human rights itself examine globalization evolvement track conditions the growth of human rights. Analysis of two rights on the condition of globalization conflict and co-existence, through to the international treaties (mainly declaration of human rights, the economic, social and cultural rights international convention and the world trade organization agreement on trade-related aspects of intellectual property rights agreement ") text analysis, case analysis, ethical analysis and economic analysis, human rights and intellectual property rights of two rights causes of conflict, conflict performance and conflict? global governance.The first part is put forward the quotation, main research problems and purpose, expounds the ways and methods of analysis.The first chapter, the intellectual property rights for a study, discusses the concept and features of intellectual property rights on intellectual property rights, the evaluation of justification) (legitimacy of property rights theory, through the intellectual property rights on the meaning, the discussion and analysis for defining intellectual property right attribute of human rights and provide theoretical basis is different. The second chapter of human rights, intellectual property and the causes of conflict. Intellectual property is the impact of human rights, intellectual property right law produces in the process of globalization, the results are mainly discussed in this chapter to the process of globalization of intellectual property laws and influence. In the third chapter, intellectual property rights and human rights conflict analysis, this paper analyzes the performance of the agreement on trade-related aspects of intellectual property rights (TRIPs) agreement impact on human rights. Preliminary analysis of the intellectual property rights and human rights conflict performance; In view of the world trade organization is caused by the TRIPs agreement with the international community about intellectual property rights conflict high attention and carrying out the corresponding global governance act, the TRIPs agreement is triggered international society "intellectual property rights" issues, but also the catalyst agent human rights and the focus of the conflict of intellectual property right, so this chapter focuses on the TRIPs agreement and human rights issues, and points out that the realization discuss international human rights treaty obligations and realize the human rights under the treaty for TRIPs two aspects of intellectual property protection.Chapter 5, draw the conclusion:the existing intellectual property international system is conflict with human rights of global governance, must establish a meet by human rights of intellectual property system target. This chapter focuses on intellectual property rights and human rights conflicts demonstrated the solving principle and direction of "good governance", and puts forward the way to establish a kind of intellectual property and the harmonious coexistence of intellectual property rights of the international system assumption. Think of intellectual property and human rights conflict of rights management principle should be:(1) the priority principle of human rights, when a particular treaty obligations to conflict, human rights law should have precedence over intellectual property law. (2) the right balance principle, it shall determine the right range private monopoly right to give the author and inventors a engaged in creation and innovation, and the appropriate incentive.