Present Situation And Research Countermeasures On Intellectual Property Protection Of Chinese Medicines

The unique theory and the efficiency of traditional Chinese medicine have made gread contribution to the Chinese nation, and it is maintaining the formidable vitality. Chinese medicine is outstanding cultural heritage, it is indispensable for our national health care. Intellectual property play an important role in Chinese medicine development. Although theChinese intellectual property protection in China has made great progress, but the situation is not optimistic.so the paper analyse the Chinese medicine of intellectual property protection through investigation And collect a lot of data about Chinese medicine or the typical case of Chinese intellectual property protection.The Paper uses various methods, in particular the case analysis of SWOT and analyes the status of traditional Chinese medicine intellectual property protection . From the practice of Chinese intellectual property protection, we find the problems and put forward Proposal.The first part of the Introduction.The introduction is mainly tointroducte the traditional Chinese concept, the traditional herbal medicinal properties, history, development, and the situation of the intellectual property protection of the home and abroad .The second part of the basic theory of intellectual property.This part is mainly to introduct the intellectual property rights concept, the characteristic as well as the intellectual property rights scope .This section details on the medicine's patent, trademark, copyright and other forms of protection. At the same time ,the paper detailed SWOT situation analysis, and apply this method to analyze traditional Chinese medicine industry.In the third part of the materials and methods. This piece of paper data as well as cases come from : :State Intellectual Property Office Web Statistics Department data, the Chinese patent search information network, China Network trademark search system, medical network pharmnet database, Jilin Province Chinese medicine management structure and Jilin Province intellectual property rights bureau place related traditional Chinese medicine protection aspect correlation data and information . This article uses the method mainly includes the literature methodology, the interview law, the case analytic method, the SWOT analytic method .The fouth part: the Analysisof intellectual property.Firstly, the paper reflect the field of intellectual property protection of traditional Chinese medicine trends and face the problems according to data and information collected. The next selection use the"Tian shi li sues Wangcheng"as well as"the southernwood element loses the international market"two cases to analyse the question which our country traditional Chinese medicine intellectual property protection aspect neglects. At last the paper analysis the Chinese medica industry faces's advantages and disadvantages for SWOT.The Fifth part: the present situation analysis and question of traditional Chinese medicine intellectual property rights Our country's traditional Chinese medicine intellectual property protection mainly has five problems through the analysis of literature and information.(1)The legislation of Chinese medicine intellectual property protection is not perfect, regulations, lack of systematic(2) the connotation of traditional Chinese medicine intellectual property protection is not explicit and the right infringement is difficult to recognize(3) Chinese legal system of protection consciousness is weak and the violations case frequently happened.(4) Chinese intellectual property protectiondo do not attach theimportance to the international link(5)The lack of medicine management of intellectual property protection organization and special compound talentsThe sixth part:the measures of Chinese intellectual property protection .This part mainly aims at the existence question to propose that the related countermeasure, mainly obtains from the following five aspects:(1) Constructs the complete legal frame work of Chinese medicine intellectual property protection(2) the clearly protection scope and conten of intellectual property rights Chinese medicine(3) increase the propaganda and strengthen awareness of intellectual property rights of Chinese medicine.(4) takes the traditional Chinese medicine intellectual property protection and the international trail connection .(5) raise the traditional Chinese medicine intellectual property protection the specialized talented person, and prepares for construction the management structure to carry on the protection specially to the traditional Chinese medicine intellectual property rights.