On The Intellectual Property Protection Of Traditional Chinese Medicine

The situation of the intellectual property protection of Chinese medicine is rigorous, the intellectual property protection of Chinese medicine involves many aspects and wide areas. legal protection measures of Chinese medicine are not perfect, from a practical point of view, so the study on intellectual property protection of Chinese medicine is very important.City of Yuzhou in Henan Province has the profound culture and a long history of Chinese medicine. Yuzhou has three unique advantages in the planting of Chinese herbal, processing herbal and Chinese medicine production. Therefore, Yuzhou city is selected as a specimen for the study on the intellectual property protection of Chinese medicine. Then, the historical development and the current protection situation of there advantages in Yuzhou were respectively investigated and summarized.We focus on demonstrating the protection of Yuzhou famous-region drug, when we analyze the intellectual property protection of the Chinese medicinal herbs. And we prove the active role of the origin products protection system in the famous-region drug. At the same time,a series of rules and standards were formulated and we has the main leadership right in the protection of famous-region drug, so Yuzhou obtain good social and economic benefit from these measures.We conclude that Chinese herbal processing technology in Yuzhou has traditional character, when we analyze the intellectual property protection of Chinese herbal processing technology from the historical development and logical points of view, and, the patent protection system is not suitable choice as the basic option. Therefore we think the business secret protection is reasonable and feasible. Then, the limitation of business secret protection system was analyzed and corresponding recommendations was put forward.We demonstrate the administrative protection system-the protection system for traditional Chinese medicine which is used widely by the pharmaceutical companies in Yuzhou, when we analyze the analysis of intellectual property protection of traditional Chinese medicine. We think that the protection system for traditional Chinese medicine has many shortcoming, though it is positive in the protection system. We criticize the pharmaceutical companies'misunderstanding of patent system and suggest that the patent system is best choice for the traditional Chinese medicine to cope with increasing competition from the modernization of Chinese medicine and long-term development of pharmaceutical companies. We make the relevant countermeasures for pharmaceutical companies in the end.Because every independent part of Chinese medicine has different characteristics, the corresponding intellectual property protection system is also different. On the basic of analysis of three aspects respectively, we hope the suggestions and comments can make a contribution to the protection of intellectual property rights of Chinese medicine.