Comparative Research On Legislation Of Intellectual Property Protection For Chinese Traditional Medicines

Developed countries enlarge IPR protection all over the world, which makes improper possession and misappropriation legitimate. Developing countries, especially India and Brazil, strive to put issues of traditional knowledge protection on the agenda of negotiation conference held by international bodies. However, as for the definition of traditional knowledge, there isn't a unified standard amonginternational organizations. Traditional knowledge protection varies from international organizations to regulations formulated by different countries. Prevailing all the protective standards, the existing IPR Protective System, including patent protection, trademark protection, geographical indications ,trade secret ,planters' rights and Plant New Varieties Protection, doesn't perfect and couldn't supply excellent protection, which still needs to amended.At present, sui generis regime put forward by international organizations and states consists of register and database, prior informed consent, benefit-sharing, licence and contract, customary laws and practices and disclosure of origin. Some countries draw this system into their intellectual property system, regarding it as the sui generis regime. Other countries formulate special protective system respectively.Traditional Chinese Medicines (TCMs), as a crucial component of traditional knowledge, are often misappropriated. It is imperative for China to make full use of the existing IPR System and construct sui generis regime accordingly. In consideration of the subjects diversity, inheritance and territoriality of TCMs, IP holders shall include Chinese nation collectivity, every nation, unit and individual, and the system of database and collective administration of TCMs shall be created.