International Protection Of Traditional Medicine And China's Possible Choice

Traditional Medicine is one kind of riches accumulated through thousands of years. With the energetic development of biotechnology, the huge values hidden form traditional medicine have been exploited, and traditional medicine is playing more important role on economic development in countries which hold traditional medicine resources. Developed counties dinting their sophisticated biotechnology, pirate traditional medicine resources in the world, biopiracy become more and more serious. Many developing counties are aware of the importance of traditional medicine, therefore they ask relative world organization for protecting their traditional medicine resources, but there is no effect regulations for traditional medicine protection by now. China, as a big power of traditional medicine, is also involved in this difficult situation. This thesis starts from the analysis of the conception of traditional medicine and it's right attributes, then comes to the analysis of the present international legal system related to traditional medicine. Some suggestions on how to protect traditional medicine in China will be made. The thesis is divided into five parts.The first part mainly concentrates on the definition of the conception of traditional medicine and it's right attributes, and the opinion that we should use a complex modal to protect traditional medicine was given. Firstly, the conception of traditional medicine was defined. The characteristics of genetic resources are analyzed: hereditable,integral,public. Secondly, because of the characteristics of the world intellectual property law which mainly behaves systemize and high-concentration, the author try using intellectual property law to protect traditional medicine, but fail because some characteristics of traditonal medicine are not adaptable to intellectual property law. Lastly, in order to protect traditional medicine adequately, the author hold the opinion that we should use a complex pattern to protect traditional medicine, which abandon arguments on conception of traditional medicine and provide some proper protection to traditional medicine with intellectual property law, on the while we do not exclude other protection style.The second part is to introduce the existing relevant international organizations or conventions about traditional medicine, and give a brief analysis of them, trying to abstract the international standard of protection on traditional medicine. Firstly, the thesis introduce the regulations on traditional medicine by international non-intellectual property organizations or conventions, among which we emphasize Convention on Biological Diversity Convention on Biological Diversity has confirmed the sovereignty of resources counties, and has established the negotiation system and"sharing preference and benefit".Secondly, the thesis analysis regulations given by international intellectual property organizations or conventions. Taking the World Intellectual Property Organization and Agreement on Trade-Related Aspects of Intellectual Property Right for example, as one of the most important intellectual property organization in the world, World Intellectual Property Organization has acknowledged the social,economic and cultural values of traditional medicine, calling for enforcing respect to traditional medicine holders and prohibiting misusing traditional medicine, and these measures have given an important affect on traditional medicine. Lastly, the thesis appraise international standard of protection on traditional medicine, and conclude that in this field we have not effect international standard to protect traditional medicine, pointing out that it will be last for a long time.The third part is to introduce practical protection on traditional medicine abroad, and then give a brief analysis of them. The author use comparative approach to analysis some typical counties which have made effort to protect traditional medicine including The Kingdom of Thailand,The Lao People's Democratic Republic,Australia. Lastly, the thesis analises the India which derive experience from"Curcuma longa".India has establish databases on traditional medicine to protect it ,and has enacted"The Indian Biological Diversity act 2002"which defines that anyone who wants to apply intellectual property rights basing on India traditional medicine should be approved by National Biodiversity Authority. These series measures have protected India traditional medicine effectively.The fourth part starts from practical hardness on traditional medicine protection in China, then explicates the questions unsolved on traditional medicine protection in China. Firstly, from the angle of traditional medicine, administrative style and circulative approach have hindered the development of traditional medicine. Pursuing for economic benefits has become the fashion in modern society, the circulative approach of traditional medicine is challenged by modern society. Secondly, deletion of protecting consciousness on traditional medicine is another problem we have to confront .the argument that traditional medicine need to perceive or not stagger the confidence on traditional medicine from people, affect the protection on traditional medicine. Thirdly, Developed counties dinting their sophisticated biotechnology , pirate traditional medicine resources in the world ,and our quotes in international traditional medicine market have been seized .Lastly, on the whole, not only observe from angle of intellectual property law ,but also administrative regulations, present level of protection on traditional medicine is low, and it can not provide traditional medicine with enough protection.The fifth part contains the suggestions of strengthening China's protection on traditional medicine, and the author give a kind of systemized suggestion. Firstly, when analysis the approach to protect traditional medicine, the author starts from the purposes why protect traditional medicine that scholars have reached agreements, then give the concrete measures to achieve the purpose. Therefore, conclude a possible choice on traditional medicine protection in China. Secondly, the thesis give three principles we should hold to cope with biopiracy in traditional medicine field: sovereignty of resources,disclosure of origin and sharing preference and benefit. We hope we can prohibit the biopiracy though the use of these three principles. Thirdly, the final purposes of protection on traditional medicine are certainly not just prohibiting biopiracy but develop traditional medicine, so we must strength the administration on traditional medicine and restructure legal resourses in order to solve the problems of protection on traditional medicine. Lastly, as an important part of traditional knowledge in china, it has played more and more important role in social and economic development, but the awarenesses of people to protect traditional medicine is rather poor. We must highly value traditional medicine, taking it as a kind of culture and precious wealth which imparted from our ancestor, only by which we are able to protect traditional medicine well.