A Research On The Intellectual Property Rights And Brands Of Chinese Medicine

Chinese medicine has been a wonder in the field of medicine in the world for thousands of years. The fact that we have volumes of Chinese medicine books, thousands of clinical practice and rich Chinese medicine resources shows that china has unique advantages in the field of Chinese medicine. As one of the most potential industries, Chinese medicine is also one of the few independent intellectual property rights in china. Now, however, we have lagged behind other countries as for studying and protecting Chinese medicine, which is showed in the following aspects: the results of traditional Chinese medicine are being plagiarized. Other countries occupy lion's share in researching and developing traditional Chinese medicine and in the international trade of Chinese medicine .Rather than condemn the person or group who use public resources for personal aim, we prefer to work out systems that can protect those intellectual properties, in order to promote the Chinese medicine evaluation standards and its patent system that are identified by the world, and to reverse the situation in which intellectual property rights are relatively passive in international property rights are relatively passive in international negotiations. In this paper, the author analyzes the situation in which the intellectual property systems in our country such as patent law, trademark law and trade secrets protect Chinese medicine, evaluates the defects of those systems in the process of protecting Chinese medicine, and puts forward some suggestions about perfecting related systems as well.In the thesis, the first part introduces the background of Chinese medicine, the purpose and significance of researching it. The second part describes the concept of traditional Chinese medicine, Chinese medicine and western medicine, carries out a comparative analysis among them. And explains the scope and the way of protection of Chinese medicine intellectual property rights and their value of protection. The third part discusses the status quo of the current intellectual property system: on protecting traditional Chinese medicine and analyzes its weakness. Based on the situation analyzed in part three, the fourth one proposes some practicable suggestions and effective measures.The last part, form a legal dimension to the enterprise level, I discuss the brand strategy of Chinese medicine enterprises, that is to improve brand awareness, to create brand trademark system and to build a well-known trademark strategy.