Research On The System Of The Intellectual Property Of Traditional Chinese Medicine In China

Chinese Medicine, also known as Traditional Chinese Medicine or TCM, has a long history and complete theoretical system. In our country, Chinese materia medica is a characteristic discipline in the natural science field, and gradually exhibits its expanding impact on the world. Now many countries are focusing on the research and development of Chinese Medicine. The future development of Chinese Medicine faces many challenges, on the other hands, opportunities have begun to emerge. Currently, protecting the intellectual property right s of Chinese Medicine is becoming more and more important.This paper reviews the intellectual property rights-related theories, describes the concept and the contents of intellectual property right of Chinese medicine. The characteristics, functions and disadvantages of the intellectual property protection systems in the protection of Chinese Medicine were also summerized through analyzing China's patent system, protection system of traditional Chinese medicical products ,trademark system, commercial secret system and copyright system. Meanwhile, the roles of traditional knowledge protection system in the protection of intellectual property rights of Chinese Medicine was discussed. The suggestion to set up the comprehensive protection system for the protection of intellectual property of Chinese Medicine was offered based on the research on the special protection system for drug from western developed countries (America and Europe) and on the legislation experiences in the protection of intellectual properties of the traditional medicine knowledge from the developing countries (India and Thailand). This suggestion will be benefit to the government legislation. Strengthen the researches on the intellectual property protection system of Chinese Medicine, protect the traditional cultures of Chinese Medicine and modern technologies, promote the development of modernization of Chinese Medicine.