Analysis On Patent Protection Of Traditional Chinese Medicine

Chinese medicine resource in our traditional culture has been a typical representative. Sustainable development in the pharmaceutical industry is a strategic industry of national economy and social development, playing a very important role in the development of the market economy. In recent years along with our country has joined the world trade organization (WTO) and in the domestic we are aware of the importance of intellectual property rights so that the legal protection about Chinese medicine has produced. The intellectual property rights of the traditional Chinese medicine include patent, trademark, trade secret protection, administrative protection and so on. But so far the most effective protection of traditional Chinese medicine is patent protection because the patent system is accord with the objective law of the new drug’s innovation from R&D to the marketable process. At the same time, the technology under exclusive rights of patent system can provide good protection for inventors and investors to recycle investment costs and obtain the corresponding benefit. The patent system has implemented for 30 years in our country and has obtained a remarkable result. Patent system is one of the most important ways to protect Chinese medicine’s internationalization. At the same time, we also need to abide by and make full use of the market rules. But in the process of concreting practice, the protection of patent system about the traditional Chinese medicine also meets a lot of problems. The reason is mainly due to the traditional Chinese medicine’s particularity and the patent system’s complexity so some places are not enough for coordination and many places still need to be perfect.