Confict And Coordination Between Publick Health And Trademark Rights Under Free-Trade System

The development of free trade brings opportunities as well as the enormous public health challenge to human society. With the expanding range of international trade, the protection of trademark and other intellectual are constantly deepening expanding the scope. This has caused a certain degree of obstruction to public health maintenance. A series of international treaties safeguarding the interests of trademark undoubtedly deepened the conflict between trademark rights and public health, so the contradiction between the two continues to intensify. This paper intends to adopt the following three divisions to analyze the conflict between trademark and public health and to find solutions.The first part introduces the basic concepts of public health and explores the relationship between trademarks and public health. Public health is the health of the vast majority of people. Public health as an independent concept consists of two meaning:First, "public", the second is "healthy." The so-called "public" is a public health should have the property of public interest; "Healthy" means the sections of Public interests that are closely related to the interests of people’s health. The strength global protection of intellectual property, also makes the conflict in public health and intellectual property becoming increasingly apparent.The second part analysis reasons of the conflict between trademark and public health. The conflict between trademark and public health is widespread in international free trade, particularly in the field of international investment. The direct cause of the conflicts between trademark and public health is legislation imbalances, trademark legislation protecting in the international is exhaustive and endless; compared with that legislation on public health is very small. The imbalance of legal protection directly caused the conflict. But the root cause of conflict is the interests of all subjects have different need.The third part pretend to find feasible solutions to solve the conflict between trademark and public health from the main substantive and procedural aspects, as well as the attitude when our country face this case. When national policies occurs conflict with trademark, dispute solution used to resolve disputes should apply to both sides, make full use of negotiation and mediation to resolve disputes, make a restrictive interpretation of trademark, try to balance the trademark and public health.