The Conflict And Response Of The TRIPS Agreement With Human Rights In The Post TRIPS Era

The emergence of the TRIPS agreement broke the regional restrictions on the protection of intellectual property rights and promoted the development of international protection of intellectual property.The strong protection of intellectual property rights promoted by the agreement is beneficial to the strategy of intellectual property trade in developed countries,but neglects the basic protection of human rights in developing countries.With the expansion of intellectual property conflicts,"TRIPS agreement" and human rights is more and more intense,in the post TRIPS era,"TRIPS agreement" and human rights conflict mainly for the "TRIPS agreement" and public health,"TRIPS agreement" and genetic resources,"TRIPS agreement" and the cultural diversity of the three aspects.The conflict between the TRIPS agreement and the public health protection is mainly manifested in the conflict between drug patent protection and drug availability.The TRIPS agreement safeguards the monopoly rights of drug patents in developed countries,but also damages the right of developing countries to obtain urgent drugs to cope with the public health crisis.This paper argues that the "TRIPS agreement" to give patent protection of intellectual property rights has become the trend of internationalization,by referring to some typical legislative measures to deal with public health in developing countries,and analyzes the deficiency of China's Patent Law on public health protection,put forward opinions;"TRIPS agreement" and the conflict of genetic resources mainly for developed countries and developing countries to obtain conflict and benefit sharing between genetic resources.Access to genetic resources and benefit sharing mode oflegislation has three kinds: the environment of authorized legislation,comprehensive legislation and special legislation,the special legislation for the system of our country;the conflict "TRIPS agreement" and the cultural diversity protection is mainly manifested in the "TRIPS agreement" to promote the liberalization of international trade of intellectual property rights under the background of the conflict,the cultural hegemony strategy of developed countries and developing countries in the traditional cultural diversity protection.By drawing on some developing countries' response measures to cultural diversity and combining with some scholars' viewpoints,we believe that adopting the institutional mode beyond intellectual property rights is more conducive to protecting our cultural diversity.