Protection Of Intellectual Property Rights Of Chinese Medicine Study

In view of the self-characteristics and the modern research results of traditional Chinese medicine(TCM), it is studied in the present research for the first time for protecting the intellectual property of Chinese herb, particularly relating to patent, know-how and commercial indication, by utilizing modem intellectual property system.Firstly, based on the development status of TCM industry, the actuality on protecting the intellectual property of TCM after establishing P. R. China is summarized, from which the laws relating to protecting intellectual property were established gradually. The possible reasons that the intellectual property protection in the field of traditional Chinese medicine was more behindhand compared with that in the other fields in China is also analysed. On the aspect of patent, there is a great disparity between China and developed countries. The applicants of patent applications in the field of traditional Chinese medicine arc mainly natural persons, and the ratio that the patent technique is applied to the market is very low. At the same time, for reasons of policy, many enterprises generally have insufficient recognitions on patent protection. In this circumstance, there will be some hidden troubles in technical competition with foreign countries in the field of TCM in the future. On another aspect, the fact that trademark and geographical indication are also neglected by many enterprises in China will result in disadvantageous effect on competition on traditional Chinese medicine and traditional Chinese medical materials in the international market. Lack of legal consciousness and delay on intellectual property protection will become main obstacles on development of traditional Chinese medicine industry.TCM is a special object in the present intellectual property system due to its complicated effective ingredients. Technical innovation and product quality are key matter determining the market position of traditional Chinese medicine, therefore they are also the key matter of intellectual property protection in the field of traditional Chinese medicine.Patent system is an effective and mature system on protecting technical innovation. Patent protection of traditional Chinese medicine should be especially thought a lot TCM, especially the effective substance in the composition oftraditional Chinese medicine, is the important object which should be protected. Modern researches on traditional Chinese medicine made by scientists of China and foreign countries have established foundation on patent protection of technical innovation in the field. Moreover, we should pay extraordinary attention to these researches because the theories of traditional Chinese medicine definitely direct these researches, therefore China possesses many advantages on the technical competition in the field of traditional Chinese medicine. Another aspect that can make technical innovation easily is improvement of the dosage form of traditional Chinese medicine. In other words, any object having technology character can be the object of patent protection- The word "technology" used herein may not be a top technology, in fact, those general technologies used in the field of traditional Chinese medicine research are usually the most important technologies.Commercial secret and commercial indication are associated with quality of traditional Chinese medicine product, therefore protection of commercial secret and commercial indication are indispensable means as far as the fact that Chinese herb is a special product having both the character of a technical product and the characterof a traditional product.In conclusion, it is possible and necessary for utilizing modem intellectual property system agilely and adequately to protect the intellectual property of traditional Chinese medicine.