Research On Human Rights Issues In Developing Countries Under TRIPS-PLUS

The TRIPS Agreement,signed in 1994,is the convention that has the most extensive influence on the international legal system of intellectual property.Based on the logic of proposing,analyzing and solving problems,this paper expands.Firstly,it analyzes the reasons for the conflict between TRIPS-plus and human rights protection.Firstly,it analyzes the hierarchical relationship between intellectual property rights and human rights protection in the international environment,and secondly,it is caused by the great differences in economic development among countries.Secondly,the conflict forms of intellectual property and human rights protection in developing countries are analyzed under TRIPS-PLUS era,which mainly include the conflict between intellectual property and public health issues,the conflict between intellectual property and genetic resource protection,and the conflict between intellectual property and cultural diversity protection.Finally,this paper analyzes how to deal with the conflict between intellectual property rights and human rights protection under TRIPS-plus,and expounds the international practices,domestic practices of developing countries and China’s response practices respectively.At the international level,countries should strengthen cooperation and close contact,strive for the well-being of all mankind,strive to build a community of shared future and pay close attention to the protection of human rights in developing countries while building a new order for intellectual property rights.Developing countries should not belittled themselves.They should devote themselves to scientific and technological innovation,turn passivity into initiative,and increase the encouragement and support for patent enterprises and scientific and technological talents while promulgating the law of compulsory drug licensing at home.Our country in recent years are also constantly pay attention to the protection of intellectual property rights,but the drug compulsory license system,genetic resources protection legislation,cultural diversity protection legal system has obvious flaws,should be combined with China’s national conditions and learn from other related legal system of developing countries to improve the measures to solve the problem of human rights in China,the maximum guarantee the balance of public interests and the interests of the patentee.