Study On The Intellectual Property Rights Protection Of Traditional Medicine

Traditional Medicine is an overlapped field of cultural diversity and biodiversity. In recent years, with the rising importance of traditional medicine and the rampant biopiracy, a great deal of attention has been paid on the intellectual property rights protection of traditional medicine by developing countries. Like many other developing countries, China faces the intellectual property rights problem caused by commercial exploitation of traditional medicine, however, Chinese law circle's research on this problem is still very weak. This article introduces the definition, category of traditional medicine and its link with intellectual property rights. This article also analyzes protection systems of traditional medicine in some foreign countries by using comparison analysis methods, points out the commonalities and differences between these systems, tries to find out some successful and advanced experiences and seeks the intellectual property rights protection system of traditional medicine in China.This article consists of three parts: preface, main text body and epilogue. There are four chapters in the main text body. They are as follows:Chapter One mainly introduces the definition, characteristics and category of traditional medicine, and analyzes two reasons which lead to the raise of the problem of intellectual property rights protection for traditional medicine—the rising importance of traditional medicine and the rampant biopiracy.Chapter Two analyzes the institutional and practical conflicts between traditional medicine and intellectual property rights, as well as the origin of the conflicts. Furthermore, the twofold effects of intellectual property rights on traditional medicine protection are analyzed.Chapter Three presents the protection systems of Thailand, India, Laos, Philippines, Ecuador and Costa Rica, points out the commonalities and differences between them based on comparison analysis methods.Chapter Four seeks the intellectual property rights protection system of traditional medicine in China and respectively discusses two ways——adjusting current intellectual property rights to traditional medicine and setting up a special...