The Research Of Intellectual Property System Of Traditional Chinese Medicine

Traditional Chinese medicine (TCM), handed down from one generation to another, is priceless Chinese cultural heritage. Meanwhile, TCM industry is one of the few industries in which China owns independent intellectual property rights. While the intellectual property system of TCM is far from perfect, the industry can not turn the resource superiority and knowledge advantage into the competitiveness in the international natural medicine market. And it has a negative effect on the modernization and internationalization of the TCM industry. It is an important issue for the future development of the TCM industry to better the implementation of intellectual property strategy. Under this research background, the paper is an overview of intellectual property system of TCM. The paper is based on the content of department law in Chinese current intellectual property law and is analyzed with the characteristics of TCM industry. In the end, the author has put forward suggestions on the construction of intellectual property system of TCM, referring to the foreign experience of legislation and practice in this field.The paper is a comprehensive review of intellectual property system of TCM. Chapterâ… is the preface, which mainly describes the research background, the value of the research, the ideas of writing and basic construction of the paper. In Chapter II, the connotations of intellectual property system of TCM are defined previously. Specifically speaking, the characteristic and cultural attribute of both TCM and western medicine are firstly introduced, followed by the legal status of TCM and the simple overview of intellectual property system, and finally the significance of intellectual property system of TCM is specially analyzed. In Chapterâ…¢, author emphatically analyses the current situation and existing problems of intellectual property system of TCM. Firstly, the author describes the intellectual property system of TCM according to the Chinese legal origin. Secondly, the author makes systemic analyses on the current situation and existing problems of the five principal systems in the whole intellectual property system of TCM, including the patent system, the trademark system, the copyright system, the TCM species protection system, and commercial secret protection system. In conclusion, the author offers the synthetical evaluations, and shows that the imperfect legislation, the lack of designed legal system of TCM, the weak consciousness of intellectual property rights and the low level of international protection of TCM are the root causes of the current situation of legal protection of TCM. Chapter IV is the content of comparative law, introducing the foreign pharmaceutical intellectual property system mainly including the successful experiences of internationalization of the Japanese HAN prescription Medicine and the protection of traditional medicine knowledge in India, from which the author learns the experiences for the intellectual property system of TCM. Chapter V is the core part of this paper, which is about the construction of intellectual property system of traditional Chinese medicine. The author highlights the system integration and assimilation according to the characteristics of TCM. In order to achieve the expectation, the existing system of intellectual property should be improved and special institutions should be established. Only this can we provide comprehensive and targeted protection for TCM. Chapter VII is the conclusion of the whole paper. The author finally proposes that China should positively participate and promote the international protection of TCM on the bases of constructing a perfect intellectual property system of TCM.