Zhao Xu, Pacific Research And Education Institute Inc (USA)
IP Researcher E-mail:xuzhao088@sina.com
[Abstract]
In addition to the traditional human rights such as the right to life, freedom, freedom from slavery, freedom from torture, equality, and the right to seek relief, human beings should also have economic, cultural and social rights, such as the right to education, social security, the right to choose occupation and work, the degree of life they need, their participation in social and cultural life, and the society brought about by technology and culture. Progress, the right to share the benefits of human development. This right is not limited to one country, but also a basic human right of all mankind.
Intellectual property rights such as science and technology, culture and technology are not the "privileges" of developed countries, but the crystallization of the common wisdom of all mankind and a basic human right shared by all mankind.
[Keywords] Intellectual Property, Participation, Share, Human Rights
HUMAN RIGHTS OF INTELLECTUAL PROPERTY
As far as the human rights content of intellectual property is concerned, the equality and freedom of intellectual property must also be emphasized Equality. Everyone has the right of free creation, free expression and free invention and creation, which is the premise of knowledge generation and the foundation of the formation of intellectual achievements. In the process of free creation, everyone has equal opportunities and can use their own wisdom to create intellectual achievements. It requires that not only all people in the country have equal access to, use, disseminate and create knowledge, but also all people in the developed and developing countries and the least developed countries in the world should have equal access to, disseminate and create knowledge and wisdom.
Therefore, intellectual property is not only the property right, but also the right of people's survival and development. It is an important part of human rights and the right that a person should have. On the other hand, intellectual property is conducive to the development of human rights, the true realization of human rights, and the progress of human beings and social development.
They are an important part of human right s and the right that a person should have. On the other hand, intellectual property is conducted to the development of human rights, the true realization of human rights, and the progress o F human beings and social development.
Intellectual property rights encourage people to innovate and promote the development and dissemination of science, technology and culture. Only when people create more and better intellectual achievements, can they increase the amount of knowledge, enable the public to share the benefits brought by intellectual achievements, and enable people to realize their rights in education, health, environment, culture and so on. Therefore, human rights and intellectual property rights are internally consistent.
If we separate intellectual property from human rights and treat human rights and intellectual property independently, not only can't realize the purpose of human rights, but also the existence and development of intellectual property will stagnate. As stated in the TeHran declaration, human rights and their freedoms are inseparable. Without the enjoyment of economic, social and cultural rights at the same time, civil and political rights will never be realized.
According to the Vienna Declaration and programme of action adopted by the World Conference on human rights in June 1993, all human rights are ordinary, indivisible, interdependent and interrelated. The international community must stand on the same position and treat human rights in a fair and equal way with the same emphasis. The Universal Declaration of human rights is a more comprehensive provision of the main contents of basic human rights.[8]
On the one hand, in addition to listing the more traditional human rights, such as the right to life, freedom, freedom from slavery, freedom from torture, equality and the right to seek relief, On the other hand, a series of economic, cultural and social rights have been added, such as the right to education, social security, freedom of choice of occupation and work, to enjoy the required level of life, to participate in social and cultural life, to enjoy science and technology. Academic progress and its interests, and everyone related to intellectual property rights have the right to enjoy the protection of their spiritual and material interests in any scientific, literary or artistic works. For example, the right to education, the right to social security, the right to choose a profession and the right to work, the right to enjoy the required level of living, the right to participate in social and cultural life, the right to enjoy scientific progress and its benefits, and the right to enjoy the protection of the spiritual and material interests of any scientific, literary or artistic works of their own.
It can be seen that these two kinds of rights constitute the basic right system of contemporary human rights, which are both recognized as inalienable basic human rights by the international community. While regarding people's rights and political rights as human rights, the international community has also reached a consensus that civil and political rights have the same legal status as economic, social and cultural rights and are interdependent[9]
3 SINGNIFICANCE OF HUMAN RIGHTS OF INTELLECTUAL PROPERTY
Professor Wu has a deeper understanding of the human rights In the context of human rights society, there is a more comprehensive and noble explanation of the concept and system function of intellectual property rights.
First of all, intellectual property is defined as a universal human right, which shows that intellectual property is not a concession in the middle ages, but a universal right in a civilized society. The spirit of equality is a direct reflection of the human rights attribute of intellectual property system. Equality in intellectual property rights is a free choice to engage in creative activities, an equal opportunity to obtain the rights of creators, and the society has the responsibility to provide people with equal opportunities.[10]
Secondly, the object of intellectual property protection is the intellectual achievement that embodies human dignity. In the theory of human rights, intellectual products should be regarded as the crystallization of the personal thought creation of knowledge creators, which embodies human dignity. Although it has the attribute of commodity in modern society, it is not a general commodity at first, and it can not fully apply the commercial rules of general commodities. In the process of transforming knowledge products into property, we should fully consider its significance to the realization of human rights, not only its economic significance.
Finally, in terms of the function of the intellectual property system, it is consistent with the rights of "participating in cultural life" and "enjoying scientific progress and its benefits". This human rights factor should be higher than "manipulating the simple economic operation of intellectual property law".[11]
Obviously, intellectual property is a basic human right. The right of intellectual creation and the right of the public to participate in science, technology, culture and technology are inseparable and a whole.
In the process of intellectual creation, workers should not only seek the balance of rights and obligations between intellectual creators. In addition, we should correctly understand the right of the public to participate in intellectual achievements, as well as the social progress brought about by technology and culture, and the right to share the benefits of human development. This right is not limited to one country, but also a basic human right of all mankind. Intellectual property rights such as science and technology, culture and technology are not the "privileges" of developed countries, but the crystallization of the common wisdom of all mankind and a basic human right shared by all mankind.
REFERENCES:
[1] Laurence R.Helfer. Human Rights And Intellectual Property Conflict or Coexistence 5 Minnintell Prop.Rev47 (2003). P47.
[2] see Gold Smith Harry. Human Rights and Protection of Intellectual Property 12 Port Trademark & Copy.J.Res & Ed889 (1968-1969) pp893-894.
[3] song Huixian, Zhou Yanmin: "conflict and balance: a human rights perspective of intellectual property", published on page 51, issue 2, 2014.
[4] refer to the course of international human rights law (Volume I), China University of political science and Law Press, 2012 edition, page 4-11.
[5] See John Locke, on government (the second part), translated by Ye QiFang and Zhai Junong, commercial press, 1964 edition, pp. 53-77.
[6] Rousseau, on social contract, HeBei translation and business press, 1980 edition, page 9.
[7] Wu Handong, etc. Research on basic issues of intellectual property rights, China Renmin University Press, 2005 edition, page 11.
all emphasize the equality and freedom of human rights, which is the core of human rights thought and what people expect.
[8] Vienna Declaration and programme of action (1993), Chapter I, Article.
[9] Audrey r Chapman. The human rights implications of intellectual property protection Journal of international economic law, 2002.5.p61.
[10] Wu Handong, etc. Research on basic issues of intellectual property rights, China Renmin University Press, 2005 edition, page 13-14.
[11] [US] Audrey R. Chapman: regarding intellectual property as human rights: obligations related to Article 1, paragraph 1, item 3, published in copyright Bulletin of the national copyright administration, No. 1, 2004.