Research On Intellectual Property Protection Of National Medicine

Along with the rapid development of science and technology, medical level is also rising, while the western medicine has the characteristics of effective fast, curative effect is strong, but also has the following characteristics of poison, side effect,therefore, under the special environment in the modern society more and more attention to health, traditional medicine because of its side effects, natural features such as small and gradually got the favour of many developed countries, and start a lot on the secondary development, on this basis, the pharmaceutical industry has been growing by leaps and bounds, but the corresponding protection of intellectual property rights situation is not optimistic. These traditional medicine knowledge summary from the people in the long-term production and life, accumulated, and people’s health in the presence of modern medicine has not yet made an indelible contribution, however, these contributing to the traditional medicine knowledge truly,but often cannot benefit from the development of traditional medicine. In the traditional medicine knowledge, especially in the ethnic minority is the most serious violation of medical knowledge, therefore, more and more scholars believe that the national pharmaceutical intellectual property into existing in the intellectual property protection system is imminent. The purpose of this paper is to explore the protection of intellectual property in the existing system, aiming at the particularity of the national medicine, the feasibility of the analysis to improve the existing system and to establish a new system, construct a accord with the characteristics of the folk medicine knowledge, perfect, special protection system. This article is divided into four chapters:The first chapter first of all define the folk medicine, on the national medicine containing the contents of the brief description, and finally by analyzing the particularity of the national medicine, to a certain extent, shows why it separate from traditional medical system in the cause of the special protection.The second chapter, first of all, through the analysis of the folk medicine of ethnic current difficulties faced by, come to the conclusion that it needs to be protected by intellectual property rights. And then analyzes the particularity of its intellectual property rights has, it is concluded that the particularity that part of the folk medicine and not good agree with the conclusion of existing intellectual property protection system, which leads to the folk medicine of ethnic need to build a special intellectual property protection system of thinking.The third chapter first to our country existing ethnic medicine and the protection of intellectual property rights related legislation, then through the introduction and analysis of the existing national medicine the pros and cons of intellectual property rights protection system available, further shows the national pharmaceutical intellectual property needs to be a perfect system.The fourth chapter is on the macro for how to build a national pharmaceutical intellectual property protection system put forward relevant Suggestions, the first is to make targeted changes to the existing system, by loosening the folk medicine for protection of censorship demands, to expand the range for the protection of national medicine and to better protect the folk medicine knowledge. Secondly, by analyzing the foreign related intellectual property rights protection system, for the construction of special national pharmaceutical intellectual property protection system has carried on the related discussion, and in the final for how to combining existing systems and the system of new special shallow Suggestions are put forward.The final conclusion is the summary of full text, through the analysis of the above four chapters, once again to protect ethnic medicine and the urgent degrees of intellectual property.