The Order Of Value Of Intellectual Property Rights And Human Rights

Since December10,1948the General Assembly of the United Nations adopted andproclaimed the Universal Declaration of Human Rights the full text, the dispute betweenhuman rights and intellectual property unveiled. The article27has become highlycontroversial paradox, which provides everyone has the right freely to participate in thecultural life of the community, to enjoy the arts and to share in scientific advancement and itsbenefits. Everyone has the right to the protection of the moral and material interestsresulting from any scientific, literary or artistic production of which he is the author. In1995the TRIPS agreement entry into force placed this issue to the air waves. For intellectualproperty rights whether they are human rights, had launched a fierce discussion about thenegative influence that under TRIPS the intellectual property right to life, right to health andthe right to development. Intellectual property rights concept had made a great contribution tohuman development had been under unprecedented doubts.This paper takes "pharmaceutical patents and public health" this specific andrepresentative contradiction as the starting point, follows the classic ideas “raise problems-analyze problems-solve problems” to complete the three parts of this paper.The first part raises the issues. Through the latest "Novartis Indian patent case" and "Tamiflupatent case" reveals the first aspect of contradiction: the adverse effects of drug patent onpublic health, also is the intellectual property rights to human rights harm; Through thehistory of “penicillin patent” contrary thinking, demonstrating the contradiction of anotherseldom noticed aspect: the importance of patent on public health, the gain that intellectualproperty to human rights. Finally come a new generalization of the relationship betweenintellectual property and human rights--contradictory and symbiotic relationship.The second part analyzes problems. Talk about the relationship between intellectualproperty rights and human rights from pharmaceutical patents and public health, first throughabstracting the universal values of human rights to find the human rights and intellectualproperty rights in the core value on a consistent, proved that the intellectual property rightsbelong to the human rights; Also proposed innovative new relationship between human rightsand intellectual property rights: the relationship between "soft" and "hard law".The third part solves problems. First answer to the human rights and intellectual propertyrights of the value status, from the theoretical level and made human rights higher than thevalue of intellectual property. Finally, through the reality of the situation of human rights andintellectual property rights to put forward the idea of conflict solution.