| Triditional Chinese medicine(TCM), also known as Han Chinese medicine, is an important part of excellent traditional Chinese culture. Our ancestors accumulate of experience and lessons in the process of long-term fighting against with natural disasters and the disease. For thousands of years, TCM has made tremendous contributions to the Chinese nation’s prosperity. In addition to the Chinese medicine, it also contains a lot of national medicine, such as Mongolian medicine, Tibetan medicine and other minority medicine. Our nation’s medical history is long, but its development process was not smooth. Opium War opened China’s door and brought a series of new things, which includes Western medicine. Rapid onset and standardized processes of Western medicine,it’s soon to be recognized, and constantly attack the development of Chinese medicine. Many people advocates of Western medicine, modern. Traditional Chinese medicine is facing severe challenges. TCM is gradually substituted by Western Medicine. That has been proposed to abolish TCM argument. To be or not to be,that’s a question for TCM. During the Cultural Revolution, in the background of the special historical, traditional Chinese medicine developed slowly with the support of the Chinese Communist Party’s policy.2003, "SARS" incoming, Chinese medicine shows its unique effect, and began to have attracted worldwide attention. Chinese medicine re-valued, and there are signs of recovery in medicine began. In the new period, with the rapid development of industry, more and more serious environmental pollution, social problems frequently, we are faced with enormous pressure to survive, a sharp decline in physical fitness. Data shows that the vast majority of people in a healthy condition. The traditional biomedical model is no longer suited to the needs of modern society. In 1977, Professor Engel in the journal "Science" published an article pointed out the limitations of modern medicine ie bio-medical model, first proposed the "bio-psycho-social medicine" a new medical model. This pattern consider man social psychology as three attributes of biological,psychology, unity. He noted that health and disease is not just a person’s biological medical procedures, but also includes psychological and social factors.ti’s better to understand and fight disease from biological, psychological, social unity of the overall level. He advocated the basis of existing biomedical model based on strengthening the study of psychological and social factors. This new model at a higher level reflects the respect for human beings, not only attention to human biological survival of the state, but also pay more attention to social living conditions of people. Doctors should not only be concerned about the patient’s body, but also to care the patient’s psychological. Chinese medicine advocates "Heaven," emphasized syndrome differentiation, and clinical diagnostic requirements "look, smell, and asked, cut". As compared with traditional Western medicine biomedical model, it has its own advantages, but also good at communication with patients, in terms of preventive health care, but also has an absolute advantage. With the internationalization of Chinese medicine gradually, more and more people began to study Chinese medicine, Chinese medicine international influence is growing. As China’s traditional culture has completely independent intellectual property rights as part of traditional Chinese medicine, the lack of specific legislation to protect it, the knowledge of traditional Chinese medicine have been unsupervised situation. In recent years, in the world, various countries began to intensify knowledge of traditional Chinese medicine research and development and commercial use. Chinese medicine frequent violations around the world, the wake-up call for managers, how to protect ancestors left us this treasure, to play its value, the better for the benefit of future generations, to defend the national independent intellectual property rights, is our current urgent problem to be solved.The first chapter as a preface, introduces the research background, significance and research methods of this paper. This study is interdisciplinary, research involving multiple disciplines of expertise, which is the focus of this study is difficult.The second chapter describes the status of the development of traditional Chinese medicine prescriptions. First, explain the definition of the prescription, it defined the object of study. Secondly, from the five aspects of Chinese medicine prescription describes the characteristics of several ways to summary and conclusion, including the historical heritage of the characteristics of traditional Chinese medicine prescription, national regional, cumulative experience, integrity and prescriptions can not be copied, openness and privacy coexist. In addition, this chapter focuses on the classification of Chinese medicine prescriptions. At present the number of existing traditional prescription medicine to hundreds of thousands of dollars to these prescription efficient management, it is necessary to achieve category management, according to local conditions. This section provides two classification methods, the first one is formed in the manner prescribed classification into the origin and derived prescription prescription:prescription refers to the origin of a large proportion of medical prescriptions handed down from ancient medical books in classic prescription, is what we often call by the parties, in this part of Zhongjing "Febrile Diseases" to represent; the other part is to be innovative prescription and restructuring the basis of these prescriptions over the origin of a new prescription. Another method is based on the prescription status holders will be divided by the square of prescription, non-prescription (including prescription and secret), from prescription and experimental side four categories. By the parties mostly from classic medical text books, it is known and the state, non-prescription (including so-called secret, etc.) mainly kept in the hands of a small number of people, circulating within a small range. Prescription mainly from medical institutions to provide medical services for their own needs prescription, ownership is generally attributed to medical institutions. Experimental side, by definition, exist only in the laboratory, there is no rigorous clinical trials of prescription only in animals proved to be effective.The third chapter describes the scope and features of existing intellectual property rights. The current three major categories of intellectual property:patents, copyrights, trademarks. And to apply them from the way, aging protection and the protection of intensity are compared. In addition, there is the protection of trade secrets, commercial secrets as a special form of intellectual property protection, in which the main provisions of the Anti-Unfair Competition Law. Trade secrets, including technical information and management information. Trade secret protection force itself does not have anything for trade secret holders, the protection work is a heavy burden. Protection of trade secrets is no statutory time limit, which depends on the holder of the secret security measures and efforts. Protection of trade secrets is different from the other three types of intellectual property rights, does not have full exclusivity, he can not against any third parties outside the scope of a specific person.The fourth chapter focuses on the need to apply the IP system to protect traditional Chinese medicine prescriptions. First, the traditional Chinese medicine prescription has important research value and commercial value, Chinese medicine prescription is the essence of traditional Chinese medicine culture is epitomized in the medical knowledge of painstaking efforts of Chinese medicine experts, is to study the most TCM Culture vector value. In the case of the cost of developing new drugs to accelerate the rise of traditional Chinese medicine prescriptions undoubtedly provides a new direction for the development of fakes. Secondly, the knowledge of traditional Chinese medicine at home and abroad free possession and use. As traditional Chinese medicine is increasingly being recognized, foreign pharmaceutical companies to speed up the development of Chinese medicine, Chinese medicine to seize the international market, Chinese medicine export market shrinking, seriously affect our status as a traditional Chinese medicine Powers, great loss. There is an institutional problem is that our team has been taking medicine regulatory policy guidance is based, supplemented by legal norms, has been the lack of special protection laws, existing laws and regulatory loopholes in medical prescriptions, can not the formation of effective protection.The fifth chapter analyzes the prescription of traditional Chinese medicine to protect the intellectual property system in the application when feasible. First, the practice of traditional Chinese medicine prescription as experience of ancient physicians summarize, is a form of intellectual achievement, in line with the basic characteristics of the object of intellectual property. Secondly, according to the classification of the second chapter in Chinese medicine prescription, we can determine the owner of prescription medicine, and to determine the subject of intellectual property rights, property rights body. All kinds of intellectual property protection methods have their advantages and disadvantages, can be combined with its own characteristics of traditional Chinese medicine prescription, take comprehensive, three-dimensional protection.The sixth chapter analyzes the representative of foreign countries for the protection of traditional cultural knowledge, learn from the lessons. The last chapter summarizes the research results in front on the basis of the final recommendations given protection scheme, in order to provide reference for the final decision-making for managers. Specific strengthening legislation and taking prescription registration system, establish a list of prescriptions, take a variety of methods of intellectual property protection for the full range of prescription and other aspects.During the research for this article, the main methods used are as follows:(1) collecting literature such as CNKI, Wanfang, VIP and other relevant documents collected by the library’s existing database resources; use the Internet search-related search tool It reported the case of a column, etc., to understand the progress of existing research, familiar with the theory of knowledge, identify research directions. Comparative collected literature (2) comparative study, news reporting, comparison of the provisions of the differences between different regions, get inspiration from these differences. (3) case analysis of the collected representative cases related case study analyzes the existing problems, put forward some suggestions. (4) interviewing experts interviewed by the relevant professional practitioners, and asked for views on the issue from different professional point of access to relevant information first-hand.In short, in terms of traditional Chinese medicine prescription, as part of China’s outstanding traditional culture, because of its special nature, can not copy the modern theoretical system to protect intellectual property rights, the need for government intervention of public power, government-led, each department coordination, the development of comprehensive laws and regulations. In addition, to accelerate the standardization of traditional Chinese medicine, traditional Chinese medicine to Western medicine in terms of criteria are not necessarily applicable to quickly develop and improve standards in line with the characteristics of Chinese medicine, Chinese medicine to increase investment in the development of Chinese medicine prescription database of concentrated Chinese medicine prescription protection to prevent similar violations from happening again. |
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