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The protection of human rights on the international protection of intellectual property treaties

Author: AnLe
Tutor: XuHaoMing
School: China University of Political Science
Course: International Law
Keywords: Intellectual property protection International treaties Protection of human rights
CLC: D996
Type: Master's thesis
Year: 2010
Downloads: 100
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Abstract


Increasingly sophisticated economic globalization today, the issue of intellectual property protection and the protection of human rights has increasingly become a concern of the international community. This paper mainly discusses the problem of human rights protection in international intellectual property protection treaties, and make relevant suggestions for improvement. Firstly, the concept of human rights described, the protection of human rights issues and the text is to explore the field of human rights is limited to the right to health, right to development, the traditional resource rights. The article explores the scope of intellectual property and the establishment of the international IPR protection system and its contents. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights is not only the scope of protection of intellectual property rights were defined and the scope of protection covers a wide range of copyright and industrial property rights field of intellectual property, and thus can be regarded as intellectual property international protection of the most important one in the system of treaties. This paper discusses the \right to development, the impact of three aspects. In addition, this article explores the inadequacies of the Convention Establishing the World Intellectual Property Organization, the Protection of Literary and Artistic Works Berne Convention \and comparative analysis of trade-related provisions of the TRIPS Agreement, that the \However, this treaty the provisions of its articles, if the item under the treaty obligations and other obligations under the international protection of intellectual property treaties deviates from the other treaty obligations prevail. This greatly reduces the level of protection of human rights in the intellectual property rights in the field of international protection. For the above problems, the article concludes with a perfect proposal. The legislative changes recommended in the human rights priorities and rights restrictions under the guidance and coordination of the two principles of the various types of intellectual property treaties. In addition, we also proposed the establishment of intellectual property protection and the protection of human rights disputes after resolution mechanisms. Based on the recognition of human rights with the value of higher-level laws, it is proposed to give the International Court of Justice to the new functions, allowing it can be under the jurisdiction involved in the protection of human rights disputes. The structure of this paper: the first part: an overview of the intellectual property rights from the start, the international treaty system, described the field of intellectual property protection, \protection of copyrights, industrial property and other international treaties. Part II: Analysis of Trade-related Aspects of Intellectual Property Rights Agreement in the protection of human rights issues. Protection of human rights in the text by analyzing trade-related intellectual property agreements under the legal framework for the relationship between intellectual property and human rights to identify the point of contradiction between the two conflicts, with the \the provisions of its conflicting point of conflict analysis, discusses the problems of the treaty in the protection of human rights. Part III: Analysis of the Convention Establishing the World Intellectual Property Organization, the Protection of Literary and Artistic Works Berne Convention, Paris Convention for the Protection of Industrial Property, \The typical representative of the provisions on the protection of human rights as well as the problems. Part IV: the protection of human rights issues in the \the Protection of New Varieties of Plants Convention, the protection of human rights issues were analyzed, a better understanding of the problems in the respective provisions. Part V: as discussed above, the problems for the various treaties on the protection of human rights-related legislation to improve recommendations and the proposal to establish post settlement mechanism.

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