Study On Protection Of Geographical Indications Of Traditional Chinese Medicine

Chinese medicine has had thousands of years of practice, and formed a unique theoretical system, it is still an important part of the health care system in China.In the world, because of so many problems of western medicine, the wave of "return to nature" rises in the pharmaceutical industry. The so-called "natural medicine" is sought after. Chinese medicine emphasizes "medicine and food has the same nature". Whether the idea behind Chinese medicine or the raw materials and the way to gun sunburn, Chinese medicine and "natural medicine" have the same characteristics. So, Chinese medicine has great potential economic value. Many experts study research and development Chinese medicine and protection of it. Chinese medicine intellectual property protection is an important one of them.In the study of Chinese medicine intellectual property protection, the study of patent protection occupys a great proportion. Chinese medicine contains the essence of Chinese traditional culture, at the same time, it has strong regional character. So, Chinese medicine correspond with geographical indications protection very well. Pay attention to protection of geographical indications of Chinese medicine is very important.This three-part on the legal protection of geographical indications of traditional Chinese medicine will be discussed.:The first part will include the concept and characteristics of Chinese medicine, the concept of geographical indications and discrimination of other related concept, the writer will extract the elements of geographical indications, and then discuss the necessity of legal protection of geographical indications of traditional Chinese medicine. The concept of Chinese medicine appeared along with modern western medicine coming into China. It is based on the theory of traditional Chinese medicine, reflects our history, culture and natural environment features. This article defines Chinese medicine including traditional Chinese medicine, folk medicine and national medicine. Chinese medicine contains the essence of Chinese traditional culture, at the same time, it has strong regional character. So, Chinese medicine correspond with geographical indications protection very well. Protection of geographical indications of traditional Chinese medicine has not only great economic value,but also has cultural value and social value.The second part describes the different ways of protection of geographical indications in typical states, and also describes the status of legal protection of geographical indications of the traditional Chinese medicine in our country, especially focus on problems of it. During the world, there are three ways of protection of geographical indications:trademark law protection, special law protection and anti-unfair competition law protection. The system of our protection of geographical indications has all the three ways. But they are not perfect. There are so many problem in protection of geographical indications of Chinese medicine. Such as, awareness of protection of geographical indications of Chinese medicine is so weak, the system of protection of geographical indications of Chinese medicine has defects.The third part introduces the recommends of the perfect protection of geographical indications of traditional Chinese medicine:the writer believes that the best model of the protection of geographical indications of traditional Chinese medicine is protection of special laws, but taking into account the cost and time and other factors to legislate special laws, the writer suggest that we should first improve the existing system to ensure that before legislating the special laws, we can still maximize the protection of geographical indications of Chinese medicine; and then the writer focuses on the key contents which specific legislation of geographical indications of traditional Chinese medicine should cover; the same time, we should improve other related systems, and strive to achieve maximum protection of geographical indications of Chinese medicine.