Study On Status Analysis And Strategies Of Development For Intellectual Property Protection Of Chinese Medicine

Chinese medicine is one of the most precious wealth in China.It is one of the grand treasures and the important part of traditional medicine in the world.Chinese medicine not only made great contribution for public health in China for thousands of years in the past, but also plays a great role in modern society.The advantage of Chinese medicine is showing up along with the development of society.China joined the WTO in November 2001,which means that protection of intellectual property rights in our country is facing enormous challenges.This will directly affect the national economic interests.The health of Chinese medicine industry is the most unique and the easiest priority development areas to obtain independent intellectual property rights among the existing industries.To,our inevitable responsibility is to strengthen the protection of intellectual property rights of Chinese medicine,to develop drugs with independent intellectual property rights,to encourage the process of modernization and internationalization of Chinese medicine,to maintain the sustainable development of Chinese medicine,and to keep the leading role of world's traditional medicine.In the 21st century,the era which economical competition is based on creative knowledge,intellectual property rights is the problem that we can no longer avoid.Although Chinese medicine holds the priority field in china,however,due to a wide variety of reasons,Chinese medicine industry practitioners and managers in China have not yet paid enough attention to the intellectual property of Chinese medicine.Along with the fact that the existing intellectual property system is not suitable for features of Chinese medicine industry in some respect,thus,we failed to gain the Chinese medicine intellectual property interests a few times.The current study will widely discuss the Chinese medicine,which is now protected by intellectual property legal system,from all aspects of intellectual property rights,at a multi-level and a multi-angle way.Furthermore,this study will also analyze the situation in Guangdong province. Guangdong Province is one of the most important areas for Chinese medicine;and Chinese medicine industry is an important part of Pharmaceutical Industry in Guangdong,which in fact forms the major part of the pharmaceutical industry profits in Guangdong.Although Guangdong province perceives abundant Chinese medicinal resources,occupies the advantage position in the history and the development of Chinese medicine,protection of intellectual property rights of Chinese medicine needs to be improved.As Guangdong's rapid economic and social development along with the construction of a grand blueprint for a strong medical industry,Guangdong Province needs to further strengthen the development of Chinese medicine industry,which no doubt highly demands more protection of intellectual property fights.Therefore,at the meantime of discussing specifically the system of intellectual property rights,I'll analyze the current situation in Guangdong Province,and opinions/advices are given on this problem.Firstly,the thesis defines the meaning of intellectual property rights of Chinese medicine in respects of the theoretical and the relationship between Chinese medicine industry and intellectual property law,the modern legal system.Then,it puts forth the legit reasons of Chinese medicine of intellectual property protection.The Knowledge of Chinese medicine is knowledge of traditional medicine in nature,which is different from modern medicine.Traditional medicine not only exists in China but also in many countries in the world.Therefore,the thesis introduces efforts has been done to protect the intellectual property of traditional medicine in several countries and the international community.The horizontal compared brings about some advices to the protection of intellectual property rights of Chinese medicine.Chapterâ…¢of the thesis sets out the comprehensive status of protection of intellectual property rights of Chinese medicine in China.Chaptersâ…£andâ…¤analyze intellectual property system in terms of patent,trademarks and geographical indications.Chapterâ…¥discusses protection of Chinese medicine species and protection of Chinese medicine new drugs,two current protecting systems of Chinese medicine similar to the protection of intellectual property.The analytical methods were used in the thesis are as follows:historical analysis, studying of comparative law,value analysis method,case study method,statistical analysis,u and law and economics analysis.The analysis made clear that the protection of intellectual property rights of Chinese medicine is essential and possible.Some aspects of Chinese medicine cannot be spontaneously protected by the modern intellectual property law due to its nature.However, some parts of intellectual property law system,such as geographical indications,have natural affinity with Chinese medicine.Strengthening the protection of these areas,it will bring a new world in protection of intellectual property of Chinese medicine.