The Analysis Of The Current Situation And It's Related Intellectual Property Protection Problems For Folk Medicine

The intellectual property (IP) protection of folk medicine is a new important area of the IP system. As a nation rich in resources of folk medicine, it will benefit us a lot. The research &development of folk medicine, is an economically empowering side to ensure its strong significance, which also a necessary step to get modern IP protection. In this context, the author focus on the critical difficulties in the initial phase of the research &development of folk medicine, through series of on-the-spot investigations, with an orientation of the folk practitioner's viewpoint, try to transfer their most truly voices, through the substantial analysis of the crux of the problems, and finally find out creatively practical solutions. Due to divergent living settings, folk practitioners have marked differentiations in their attitudes toward the research &development of their folk medicine: the overwhelming majority who satisfied with the current situation and only a few who positively seek for exploitation of their medicine or special ways of treatment. Those research &development institutions have their own grievances: the unutterable and complicated relationship between these two sides made"the IP protection of folk medicine"being ignored in its early period for a long term, which contributed to its low-growing state. One of the reasons, as the author consider, is not the traditional thought of"lack of rewards"which modern IP system stresses continually, but the high cost for the folk practitioners, through the way he try to get a chance for his medicine to being researched by modern medical facilities. Through culturally respected, we could give the chance for later-on development, which still contributed to its passing down from generation to generations, as one basic goal of IP protection . On the possible solutions, the author does not dare to offer complete system, just make her own reasoning considerations: the benefit-sharing mechanism between the researching department and the local people where the folk medicine come from, shafting from private right to group right; the benefit-sharing mechanism between the researching departments and the folk practitioner, from economical and spiritual points; the absence of the functions of public power in the IP protection of folk medicine, exploration of new models of public power's entering, as"the Management Committee for Folk Medicine"; the feasibility reflections of"Folk Medicine Pool".