| As people have deepening their understanding about chemical drug adverse reactions and drug resistance, accompany with the booming of "natural medicine","health care" and other concepts recently. China’s traditional herb therapies are capturing more and more attentions and obtained many recognitions globally. However, comparing with the continually flourishing of China herb therapies, more disconcerting is the situation that traditional herb pharmaceutical industry struggling with today. First of all, the sales of traditional Chinese medicine (TCM) we made is far less compare with the sales of either Japan or Korea; secondly, some of the developed countries relying on certain advanced technologies indulge in plundering china’s traditional herb resources, manufacturing Chinese herb products, grabbing exclusive profits by selling those product globally in the name of patent.In2003, China put forward the "talent, patents and technical standards," the strategic vision to address the opportunities and challenges to face after joining the WTO, and to enhance international competitiveness and innovation capacity in China. Our country is the birthplace of traditional Chinese medicine, has a wealth of knowledge and resources. Traditional Chinese medicine industry is also one of the few industries, which have independent intellectual property rights; it is suppose to be china’s most competitive industry, a powerful core competence to help the industry occupy a significant share in the world pharmaceutical market. But. how could it stuck in such a situation? It caused by many reasons, mainly the following aspects:first, the current patent system was originated in the West, is established in western style logical thinking framework and deeply affected by western cultures as well as sciences and technologies. The existed patent system performs well in protecting chemicals drug products, but not exactly for TCM. TCM almost could be considered as China’s "specialty", herbal and chemical drugs belong to two different theoretical systems of medicine, so the patent system appears less effective. Second, weak awareness of intellectual property protection plus less familiar with the "Paris Convention", PCT, PPH and other international patent application procedures directly leading the industry players are not enthusiastic in applying for patent protection and many independent property rights of traditional Chinese medicine resources were registered by other countries, the most painful experience is Artemisinin events, which causes a loss of near hundred million dollars annually. According to statistics, the number of patent applications Chinese made aboard is less than ten percent of the number of foreign made in China. Third, there is a big gap between traditional Chinese medicine standards and international standards related to traditional Chinese medicine, especially in traditional Chinese medicine quality standards, which for heavy metals. content of pesticide residues and other regulations limit is much lower than Western countries.it is difficult to be recognized by the international community. Its built around a traditional Chinese medicine is also in reference to the relevant standard chemicals management model is built, without taking into account the characteristics of Chinese medicine.This paper analyzed some of the problems china traditional herb pharmaceutical has, and draw lessons from the successful experiences that some high-tech industries and multinational companies had in their strategy development. Base on these analyses, the work finally identified an effective strategy road for Chinese traditional herb pharmaceutical industry that is:Chinese technology patents-patents internationalization of Chinese medicine-Chinese patent standardization. The author believes this comprehensive develop strategy will be great help in realizing of the internationalization of Chinese medicine industry. |
