Research On The Internationalization Of Traditional Chinese Medicine Under Patent Protection

Traditional Chinese medicine is an important part of traditional medicine in the world. fighting against disease accumulated precious wealth in the process of the Chinese nation for thousands of years. However, modern patent system is based on western science and technology and culture, and it has a natural deficiencies and defects for the protection of traditional knowledge, such as traditional Chinese medicine. But the patent system is the current system of intellectual property rights protection in the legal system of the strongest, and has the advantages of a wide scope of protection, exclusive rights and protect the specificity of strong.Patent examination is the most important in the application for a patent, and whether the patent examination by directly determines the access to a technology and product patent protection. Under the trend of integration of international patent, mastering and using international conventions and rules, is advantageous to the Chinese traditional medicine in other countries in the world to obtain patent protection as soon as possible, at the same time of strengthening patent cooperation with other countries, to realize the standardization of patent examination and internationalization as soon as possible, and we should actively participate in setting the international rules in our favor. The first part of this article introduces the theoretical system of PPH, and discusses the formation and development process of PPH theory and analyzes its future development trend, for the use of traditional Chinese medicine patent examination PPH ways internationalization, standardization, provide a theoretical basis. Then the second part introduces the plight of traditional Chinese medicine (TCM) an international application for patent, from the point of view of legal theoiy and practice analysis of the use of PPH way to realize the superiority and feasibility of the internationalization of the Chinese traditional medicine patent examination. The third part from the view of the international protection of the current patent Chinese medicine, put forward some advice on improving existing Chinese medicine patent censorship, and explore under the PPH strengthen international cooperation in traditional Chinese medicine patent examination, to promote Chinese medicine standardization and internationalization as soon as possible.