Regulation On The Intellectual Property Right In The View Of Human Rights

Intelligence is the fruits of creativity that human being bears in the process of nature exploration and transformation as well as in their society and thinking. The accomplishment of intellectual property is made by the monopoly right to the intelligence product creators for a certain period of time in order to gain the publicity of their intelligence, so that people can get more cultural products, which ultimately achieve the goal of cultural prosperity. But with the interaction of technology globalization and developed countries dominated intellectual property and trade, the protection of intellectual property rights system is more inclined to protect the interests of its creators and ignore that of the public, and the intellectual property system even turns to a tool that used to protect the global economic interests of developed countries.Whether to pursue the intellectual property right or protect the human rights is a tough alternative to these less developed countries. With the implementation of absolute protection rules of intellectual property, people from all over the world have to pay for the over expensive patent medicines; Peasants have to spend extra money on the patent seeds instead of picking out fine seeds from previous year harvests; Thousands of years of many traditional culture,medicine, and genetic resources of aboriginals have to be taken from their own nations and became crippled due to the explorations by these companies of developed countries; less developed countries are also in an awkward situation of an overall local law application failure. Intellectual property protection covers all aspects of people’s life like a net, people are forced to pay a high price. When the intellectual property appears to be away from the public value, its legitimacy was doubted, which lead to a common topic of the transformation of intellectual property, therefore, its reformation and higher ethical value definition and application certainly will be a public concern.The connection between intellectual property rights and trade made human rights the first victim, what are human rights, it contains all the basic rights of a human being, like the medical care right, living right, traditional culture right, resources heritage right, even the sovereignty of a country is included. In the process of expansion of intellectual property rights, the subjects whose rights has been violated would borrow human rights to against intellectual property invasion, as people think that human rights are universal rights, it beyonds all other rights application. So human rights should be the highest ethical value for the reformation of intellectual property rights.This paper has six chapters. The first chapter, the preface, proposes a topic, and briefly explains why there is a contradiction between intellectual property rights and human rights, which are seemingly two independent right system. The second chapter presents the incoordination expressions of intellectual property with the human rights, specifically to the medical care right, aboriginal right, and national sovereignty, which are the most typical rights under the serious threat of intellectual property, and drove the intellectual property rights into the sight of human rights academics. At the same time the causes of contradiction between intellectual property rights and human rights are analyzed based on their own system flaws, and goals alienation of intellectual property under its development.The third chapter elaborates the necessity of the introduction of human rights conception to the system of intellectual property right, legislative goals differences are the fundamental causes of the conflict between intellectual property and human rights, but as an economic right, the intellectual property should be restrained within an ethical range under the legislative process, which means the violation of the interests of others is out of toleration. As a potential global system, intellectual property could not base on any national ethics, but an universal ethics, human rights is one of them.Chapter four presents the regulation ideas and principles under the perspective of human rights, since we take human rights as a moral basis for intellectual property rights, then it should be the basic requirements for the legislation of intellectual property rights, the implementation of intellectual property rights should firstly serve the prosperity of literature and science. Chapter five is about the regulation path of the intellectual property law in China, with the help of the analysis of the previous four parts, we could realize the problems of the existing intellectual property system, the intellectual property system is not perfect like what we claimed, any system has its two sides, intellectual propertization is not the only way to protect the intelligence, under such a premise, this paper put forward four proposals for the development of intellectual property system in china.