Research On The System Of Intellectual Property Protection Of Traditional Chinese Medicine In Context Of International Conventions

Knowledge of traditional Chinese medicine(TCM) has originated in China,which is our precious national heritage.Because of the growing awareness of global health care and the popularity of natural products,TCM is obtaining more and more attention in the world. At the same time,in the process of international competition, many loopholes in management system were explosured., which directly resulted in the serious loss of intellectual property rights of TCM.At present, we mainly use those measures to protect intellectual property rights in TCM,which include patent, trademark, trade secret IPR protection measures,and administrative regulation protection measures.These methods,on the one hand, can not fully cover all areas of TCM intellectual property, on the other hand,the content of these methods are contradictory. It will lead to an adverse effect on TCM protection to pharmaceutical enterprises,no matter in the domestic and international markets. Therefore, we need to konw and learn from international conventions which related to intellectual property rights,to provide institutional guarantee for TCM manufacturers in China.So this thesis based on this idea to comprehend the protection system of TCM, to analyze international conventions relating to IPR protection system,to organize the thought of protecting TCM IPR in the framework of international rules and to provide recommendations of building our comprehensive TCM protection system. This thesis is divided into three parts: introduction, body and conclusion, and the body is composed of three chapters.Chaper 1 intrduced the meaning and of intellectual property protection of TCM and analysed the problem on IPR protection of TCM,which includes patent,trademark, trade secret, copyright,new varieties of plants and the executive protection.According to different protection methods,Chaper 2 discussed international conventions which relate to IPR protection of TCM respectively.A conclusion is obtained by comparing China current legislation to international conventions,that part of the legislation conform to international rules; part of it need to be improved and adjusted;and the others need specific legislation urgently.Chaper 3 gave strategic conceptions and legislative proposals on IPR protection of TCM in China. In terms of strategic framework, we should improve the system construction,differentiate between the primary protection objects and the secondary ones; In terms of legal system, we need to develop patent authorization system of TCM,to complete trademark legislation,to legislate trade secrets, geographical indication and traditional knowledge and to coordinate the administrative regulations of TCM and intellectual property law.