Research On The Conflict Between Intellectual Property Rights And Human Rights

Along with the accelerating process of economic globalization,the development of intellectual property rights and human rights are more tend to globalization,directly contributed to the intellectual property rights and human rights conflict,especially of the world trade organization agreement on trade-related intellectual property rights(hereinafter referred to as "Trips agreement"),since the implementation of intellectual property rights and the social,economic,and cultural rights of differences and conflicts more and more prominent,to the international community and has brought various problems from all over the world,how to coordinate the conflict of the two has become a common concern.History will be a kind of intellectual property rights as human rights,intellectual property rights have also has the private rights attribute of human rights,from the Angle of specification both exist in subject,principle,form and way of protection is differ,the conflict between intellectual property rights and human rights in intellectual property rights and the right to health,intellectual property rights and traditional resources,the conflict between intellectual property rights and information freedom,intellectual property rights conflict with human rights holder of the intellectual property right is the essential reason and social conflict of interest between the public and interests between developed and underdeveloped countries.The direct reason is the implementation of Trips on a global scale.It is effective to coordinate the conflicts by the principles of priority of human rights,balance of interests and instrumentalism,while the three specific rights conflicts mentioned above need to be coordinated on the basis of basic principles.The development of intellectual property system has gradually deviated from its original value pursuit,Under the environment of economic globalization,the development direction and development strategy of intellectual property rights in China are worth pondering.