Research And Exploration On Intellectual Property Protection Of Traditional Chinese Medicine

Traditional Chinese Medicine(TCM), one of the world-class advantageous disciplines for China, is abundant in wisdom, creativeness and contribution. But at present Chinese intellectual property rights(IPR)protection of traditional Chinese medicine are not optimistic. On the one hand, the phenomenon of imitation of traditional Chinese medicine is still serious, innovative capacity is weak. On the other hand, the research and development of traditional Chinese medicine is being subject with the challenge of foreign companies. So we have suffered a great loss of traditional Chinese medicine. So increasing intellectual property rights of traditional Chinese medicine research efforts and effective using of intellectual property rights of traditional Chinese medicine to maintain and consolidate the resources of traditional Chinese medicine in China with independent intellectual property rights, enhancing the competitive strength of the traditional Chinese medicine are our current important tasks which need to be addressed urgently. Through the study on the protection of intellectual property rights of current status on the traditional Chinese medicine, analysis of existing intellectual property protection system on the lack of traditional Chinese medicine, Proposed recommendations to improve intellectual property protection for traditional Chinese medicine. Enhance the level of intellectual property rights protection of traditional Chinese medicine, to promote the development of Traditional Chinese Medicine. So that TCM,the Chinese national traditional treasures to be flourished, would make greater contribution to human health. The protective system to the intellectual property include patent protection, trademark protection, trade secret protection, copyright protection and protection of types of traditional Chinese medicine. But there are still inadequacies in patent protection, trademark protection, trade secret protection and protection of types of traditional Chinese medicine, moreover, the intellectual property of traditional medicine knowledge resources is still blank. So making the next step should be done separately from patent protection, trademark protection, trade secret protection and protection of types of traditional Chinese medicine. Also, intellectual property protection of traditional medicine knowledge resources was carried out to explore, To provide a legislative basis for traditional medicine knowledge resources, promote the development of Traditional Chinese Medicine.This thesis using method of research and investigation and content analysis of literature and theoretical analysis, based on China's basic national conditions, analyze China's IPR protection status of traditional Chinese medicine, historical development and the legal system and other aspects.