The Legal Problems And Solutions In The Patent System Of Traditional Chinese Medicine

As one of the treasure of Chinese culture,the traditional Chinese medicine with a very long history of appliction has been the main weapon of the prevention and treatment of diseases.Nevertheless,the industrial development and scientific and technological innovation of it have been facing a variety of difficulties inside and outside our country.The main reason of this is the lack of the deep analysis of the patent system,and reasonable combine of the characteristics of the traditional Chinese medicine and the essence of patent system.Therefore,this paper focuses on the match of the patent protection needs of the traditional Chinese medicine and the modern patent system,and redefines the characteristics of the the traditional Chinese medicine and the scope of the research and innovation of it.Then, combined with the situation that the patent system of the traditional Chinese medicine is survival in the gaps of the whole pharmaceutical patent system, present the difficulties that patent system of the traditional Chinese medicine has been facing on.Moreover,put forward the proposals to solve the promblems by learning from foreign patent system.The main part of this paper includes four sections:The first section is the introduction of this paper, containing the meaning and purpose of this paper, a summary of the study situation and the main research method.The second part analyses the difficulties that patent system of the traditional Chinese medicine has been facing on by redefineing the characteristics of the the traditional Chinese medicine and the scope of the research and innovation of it.The difficulties includes the lack of ownership division in the traditional Chinese medicine field,unclear definition of the objects protected by patent system,generalization of the patent application standards and the difficulty of cognizing patent infringement.The third section presents the patent system for traditional medicine in several countries.The last section puts forward the proposals to solve the promblems in the the patent system of the traditional Chinese medicine based on the chapters before determination of the ownership division in the traditional Chinese medicine field,establishment the special patent examination system to meet the needs of the patent protection of he traditional Chinese medicine and establishment the standards for cognizing patent infringement that fit the theory and characteristic of the traditional Chinese medicine.