| Objective:After joining the convention on biological diversity,convention on biological diversity on access to genetic resources and the fair and just share the use of the Nagoya protocol and the domestic law of the People’s Republic of China law of traditional Chinese medicine the realistic background,the comprehensive analysis of the international legal documents about traditional knowledge protection principle,protection form,observes the mature experience of typical countries traditional knowledge database system operation,according to our country’s present situation of the protection of traditional knowledge database of traditional Chinese medicine,review the problems and analyze the reason,so as to put forward ideas and specific implementation measures to protect traditional knowledge database of traditional Chinese medicine,It provides theoretical reference for relevant departments,and provides Suggestions for accelerating the implementation of international agreements,implementing the law of the People’s Republic of China on traditional Chinese medicine,and improving the systematic protection of traditional Chinese medicine knowledge.Methods:Qualitative analysis and quantitative analysis were used.The current situation of traditional knowledge protection in foreign countries is summarized by means of literature analysis and institutional analysis.The comparative research method is applied to comprehensively analyze the mature experience of representative countries in the operation of traditional knowledge database system,and evaluate and refine the useful measures.The descriptive statistical analysis method is used to analyze the quantity,proportion and distribution of the traditional knowledge of traditional Chinese medicine in China,and the empirical analysis method is used to analyze the practical problems in the database protection of traditional Chinese medicine knowledge,so as to clarify and improve the thinking of the database protection of traditional Chinese medicine knowledge.Results:China’s existing intellectual property rights protection system and intangible cultural heritage protection system have played a positive role in the preservation,inheritance and innovation of traditional Chinese medicine knowledge,but there are still some disputes in the implementation process,and the database protection system needs to be introduced and improved urgently.At the same time,India,Peru and other countries with rich traditional knowledge have taken the lead in the issue of data protection of traditional knowledge,which provides a useful reference for China in the aspects of database protection strategy selection,database protection system improvement,database classification construction norms and so on.Therefore,starting from the reality of the survival of traditional Chinese medicine knowledge in China and the practical problems of database construction and protection,it is urgent to establish,improve and innovate the database protection strategy,the coordination between database protection system and other institutional rules,and the database classification construction and sharing cooperation norms.Conclusion:The introduction of database protection of traditional Chinese medicine knowledge is an innovative measure to improve the protection of traditional Chinese medicine knowledge system.Based on the ultimate goal of protecting the inheritance,use and benefit sharing of traditional Chinese medicine knowledge,the strategy of combining defensive protection and offensive protection can be the basic idea of traditional Chinese medicine knowledge database protection.At the same time,in order to promote the implementation of the database protection strategy,establish and improve the proprietary protection system for the database of traditional Chinese medicine knowledge,and comprehensively apply the intellectual property protection system and the intangible cultural heritage protection system,so as to realize the multiple system guarantee for the benefit sharing of traditional Chinese medicine knowledge.In addition,in view of the traditional knowledge of folk traditional Chinese medicine has fallen into the dilemma of survival and development under the current legal system and social environment,it is necessary to implement the support,promotion,guidance and supervision of relevant departments.Finally,on the basis of complete database system guarantee and construction standard,it is considered to gradually promote the cooperation and sharing of database,so as to play a larger role in promoting the implementation of the strategic plan for the development of traditional Chinese medicine and maintaining human health. |