Conflict and Coordination between Convention on the Protection and Promotion of the Diversity of Cultural Expression and the Trips Agreement
|Keywords||Convention on Cultural Diversity the TRIPS Agreement conflictcoordination|
Due to the rapid development of modern science and technology, ways of cultural exchange are more and more convenient, and cultural exchanges between the countries are more and more frequent. However, in the process of cultural globalization, there has been the "cultural homogenization phenomenon", many forms of cultural expressions are facing the threat of extinction, especially traditional culture of developing countries.Under the background of cultural assimilation, the international community began to pay attention to the preservation and development of cultural diversity, and the United Nations Educational, Scientific and Cultural Organization’s efforts for this are particularly prominent. On october20,2005, the33rd session of UNESCO overwhelmingly passed "the Convention on the protection and promotion of the diversity of cultural expressions"(hereinafter referred to as the "Convention on Cultural Diversity"),the Convention has the milestone significance for the protection and promotionof cultural diversity.Convention on Cultual Diversity stressed that cultural diversity is the common heritage of mankind,should make joint efforts to protect cultural diversity,its value and role cannot be ignored.However, the Convention has aroused opposition from the United States, Israel and other individual countries.They argue that the protection of cultural diversity would undermine international intellectual property protection mechanisms (the basis of the TRIPS Agreement),which will severely damage the interests of the intellectual property rights.Therefore,cultural diversity and international intellectual property trade system coordinated with does not become a hot spot,the international community began to attach great importance to the relationship between the cultual Convention on Cultural Diversity and the TRIPS Agreement.So what is the relationship between the Convention on Cultural Diversity and the TRIPS Agreement?Whether there is a conflict between the Convention on Cultural Diversity and the TRIPS Agreement?If present, should be coordinated through what approach to solve this conflict.these are our current topic needs to be further studied. Except the introduction, this article is divided into four parts. The first part is associated value between the "Convention on Cultural Diversity" and the TRIPS Agreement, detailed analysis of the relationship between the two.The second part is on the basis of the treaty conflict theory of international law we elaborate the specific conflict between the Convention on Cultural Diversity and the TRIPS Agreement, mainly in three aspects:the conflict with the basic principles of the TRIPS Agreement, the rules of the TRIPS Agreement, dispute settlement schedule conflict.The third part briefly introduces the general method to solve the conflict of international treaties, to further explore the coordination between the Convention on Cultural Diversity and the TRIPS Agreement, mainly considering the coordination between the different international treaty regime. The fourth part is the reforms of TRIPS Agreement. In order to protect the cultural diversity, we must carry out certain reforms of the TRIPS Agreement. At the same time there are three inspirations of the intellectual protection system to our country.