The Study On Law Problems Of Protecting Traditional Knowledge Of Traditional Chinese Medicine

Traditional Knowledge (TK) of Traditional Chinese Medicine (TCM) is the treasure of the world's TKs. In recent years, the protection of TK, including TK of TCM has been widely considered in developing countries. The reason is that developed countries have used and richly profited from TKs in developing countries,however, developing countries haven't get any benefits or compensations.TK of TCM is a kind of human's intellectual results. However, owing to the features of TK of TCM, many parts of which can not be protected by the IP system and many developing countries claim that TK of TCM should be brought into the protection scope of IP, insist that the three principles including"benefit sharing"should be written in binding international treaties to fight against the robbing and theft of these important strategic resources by developed countries. At the present time, there are neither special international treaties of traditional medicine or national laws of TK of TCM in China.This article is based upon the background of dual deletion of international and national legislations. It ratifies the significance of protecting TK of TCM in the beginning, then it detailedly differentiates and analyses the basic concepts relating to TK of TCM, reviews international legal documents about TK protection, indicates the status in quo and shortage and seeks on the basis of analysis above logical system of legal framework of TK of TCM protection in China. We should on the one hand join international communications and cooperation, show China's voice in international legislations, on the other hand, we should not only consummate the existing IP and Chinese medical legislations but also establish special protection system of TK of TCM, including and .