The Research On Intellectual Property Protection Of Traditional Chinese Medicine

Traditional Chinese medicine (TCM) has been existed for thousand of years. It is the product of the Chinese fighting with diseases. TCM has special theory system and notable effects and it contributes to the world astrology. As knowing the worse of Western medicine, more and more people prefer to nature medicine. TCM gets so much attention and it will have a presspersons future. At the same time, there are so many Bi-piracy things happened which want to rob the profits of TCM. Now the existing intellectual property rights system can not give enough protection.As a part of traditional Medicine(TM), TCM did not get great attention abroad. Some developing countries get some experiments on TM in practice. In China, research on TCM is not very much .Most experts neglect the protection of Chine herbalist. They should be protected together.This thesis, by researching the way of protection inland and abroad will introduce the treaty, legislation and experiments to establishing a practicable intellectual property protection system of China.This thesis, calculated 40000 words, consists of five sections.Part one introduces the general conditions of TCM, including the definition, classification, features, the differences between TCM and Western medicine and the differences between TCM and folk medicine.Part two introduces the importance and urgency of protecting traditional medicine. Both he prevails of Bi-piracy and the awards of TCM make us to take some measures. This part discusses this problem from the point of justice, public and healthy.The third part analyzes the status quo and some existing problem and deficiency in the intellectual property protection of TCM.Part four introduce the international protection on traditional medicine. It includes the Convention on Biological Diversity, two legislation patterns of devolving countries and some protection strategies.The last part discusses how to improve the intellectual property protection system of TCM in China. By analyzing the legislation purpose and the choice of legislation pattern, the thesis concludes that it should be take different measures according to the different classification. And we should establish new system to protect TCM. adding such as the Prior-Informed Consent, the Equal-sharing of the Benefits, opening and secret databases, protection of geographical marks and TCM protection fund, etc.