Legal Problems In The Patent Protection Of Traditional Chinese Medicine

Patent is an effective means of protection for Traditional Chinese Medicine intellectual property.This thesis discusses several legal problems in the patent protection of Traditional Chinese Medicine from a practice perspective. The first chapter of the article provides a brief introduction to the Traditional Chinese Medicine industry, the subject of the patent protection for Traditional Chinese Medicine and the current situation of patent protection of Traditional Chinese Medicine. The article then examines the existing problems and discusses the meaning of the patent protection of Traditional Chinese Medicine.The second chapter introduces several theoretical and practical problems with the patent protection system for Traditional Chinese Medicine,with an emphasis on the practice perspective. The problems examined include: the protection of Traditional Chinese Medicine Knowledge, the standard for evaluating Traditional Chinese Medicine patent's Novelty, Inventiveness and Utility, the comparison between the three primary means of protection for Traditional Chinese Medicine, whether registering patented medicine with the State Food and Drug Administration within the period of validity of the medicine constitutes infringement,and patent link in drug registration.The third chapter provides suggestions to resolve the above problems.