The Internationalization For The Industry Of Traditional Chinese Material Medica And Its Intellectual Property Protection

Traditional Chinese Medicine has been existed for more than thousands of years. It has been contributing largely to human being's health and medical ways. Traditional Chinese Medicine is not only a kind of fortune of technology, science and literature, but also a kind of fortune of economy. Because of the stronger sense of environment protection and nature loving, and the shortage of chemical medicine, governments, enterprises and people around the world pay more attention to traditional Chinese medicine and material medica, and they have achieved greatly in the research and application in this field. Comparing with this invigorate trend from abroad, our country is loosing its advantage in traditional medicine, especially in material medica. In order to keep and develop this traditional advantage of China, the National Science & Technology Department and National Administrative Bureau of Traditional Medicine and Material Medica finished the national 9th five-year tackle project: The Modernization Strategy of Traditional Chinese Material Medica in 2001. In the era of intellectual economy and economic globalization, the modernization of traditional Chinese material medica industry is closely related to its internationalization. So, the research subject of "the internationalization strategy of Traditional Chinese Material Medica" is listed in the state 10th five-year tackle project (No. 2001BA01A34A). This subject is one part of the project. The traditional Chinese Material Medica (TCMM) is facing two barriers on the path toward the world: the problem of modernization and the intellectual property protection. The former one is concerned with the technical problem, while the second one will solve the legal problem of internationalization.This paper first explains the important effect of intellectual property protection on the internationalization on TCMM, and then introduces the intellectual property protection systems abroad, especially in the field of drug. At last, aiming at the characteristics of TCMM and the present situation, problem, and barrier of intellectual property protection on the TCMM at home, this paper puts forward suggestions that how the government and enterprises protect the intellectual property in our country on the way of internationalization of TCMM. This paper thinks that the intellectual property protection of TCMM in China is at the primary stage because of the lack experience of intellectual property protection, the difference of TCMM from western medicine. To advance the intellectual property protection of TCMM, the government should establish an effective protection mechanism, a perfect legal protection system, and take more effective protection methods. At the same time, the enterprises should pay more attention to protecting their own intellectual properties, and learn how to help themselves.