A Study On The Intellectual Property Rights Protection Mechanism Of The Traditional Chinese Ethnic Minority Medicine

The traditional Chinese ethnic minority medicine comprise the creation and accumulation of every ethnic minority. The theory of two-treasure house says that, if the Chinese medicine is a great treasure, then the Chinese minority medicine is also a very huge treasure. Chinese ethnic minority 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. Many developing countries and the indigenous people and the local community in some developed countries ask for the recognition and protection of rights of traditional knowledge, and require to share the benefit of using traditional knowledge. In June.14, 2008, Department of State released a second batch list of national intangible cultural heritage, as well as the first national list of intangible cultural expansion projects. The lists cover thirteen kinds of traditional medicine.From the view of the national character, Chinese traditional medicine includes the development and the management of not only Chinese traditional medicines, which are used by Han nationality, but also traditional medicines, which are used by the minority nationalities, such as Tibetan medicine, Mongol medicine and Yao medicine etc.In the field of Chinese Ethnic medicine, the intellectual property rights refers the right to enjoy the fruits of labor over the intellectual property rights. It contains the outcome of intellectual property rights, such as prescription, treatment methods, also concludes the results of material form, such as medical equipment, medicines and so on. The protection covers the protection of patents and know-how,trademark and trade secret protection. It also contains the protection of geographical indications, expecially the patent. In the process of developing countries' survival and development, the traditional medicine knowledge is a kind of important economic base. In recent years, medical industries that based on the traditional medicine have developed a lot, some have become the pillar industry. However, the protection of intellectual property inconsistent with its industrial development, has seriously affected the further development of its industry. The current legislation in China is lack of the specific regulations which stipulate the method of protection for Chinese ethnic minority's medicine. During the last years, the protection is mostly provided by the administrative department. Awareness of the intellectual property rights needs to be strengthen.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. At present, China is making efforts to draft "Traditional Medicine Law" and "non-material cultural heritage protection law".The essay consists of five chapters.Chapterâ… firstly describes the background of the traditional Chinese ethnic minority medicine, including the basic definition, scope, types, characteristics and the difference between Chinese medicine.Chapterâ…¡makes a brief introduction of the intellectual property rights of the Chinese ethnic minority medicine, especially the contents and features of this kind of medicine.Chapterâ…¢outlines the infringement and protection of the Chinese ethnic minority medicine. By citing several well known cases, this chapter discusses the current protection measures and conservation status.Chapterâ…£reforms the domestic legislations of intellectual property protection. By analysing kinds of intellectual property rights protection methods, this chapter discusses the way to build a basic system of intellectual property protection of Chinese ethnic minority medicine.Chapterâ…¤focuses on the trends and countermeasures of the protection, summarize the causes of difficulties and further analysis the methods to establishing a well-run system of protection of Chinese minorities' medicine.In the conclusion part, it reiterates the necessity and urgency of protection,calls upon the central government to pay more attention to the protection of Chinese ethnic minority medicine. Lastly, it also provides some suggestion to improve the legislation.