Analysis Of Intellectual Property Protection Of Traditional Medicine Methods

The latter part of the 20th century has witnessed a renewed interestin traditional medicine. What was once dismissed as superstition or theremnants of an unenlightened country has suddenly become the key toproviding public healthcare. Traditional medicine causes theinternational society warm discussion to its intellectual property rightsprotection. The World Intellectual Property Organization has also begandiscussing this issue in 1998, and set the WIPO-IGC in 2000.As a part of traditional knowledge, traditional medicine did not getgreat attention abroad with its individuality buried. And researches on itare also lopsided at home. Researches on traditional medicine havebegun very lately. This thesis, by researching the way of protection,divides it to defensive protection and positive protection strategy, in thehope of establishing a practicable intellectual property protection systemof China.This thesis, calculated 40000 words, consists of four sections.Section one introduces the general conditions of traditionalmedicine, including the definition, features, scope, classification, theimportance and the urgency of protecting traditional medicine. There areseveral definitions at present, but what is widely used is the one which isprovided by the World Health Organization. After analyzing Indigenousknowledge, Indigenous People, and Indigenous medicine, the thesisintroduces three features of traditional medicine.Traditional medicine and Modern medicine have very big differences.Intellectual property law is not the only way to protect traditionalmedicine. In its beside also has such aspect as human rights law, law ofcontract, natural resource law protections and so on. This thesis onlyembarks from the intellectual property rights protection angle andprofits from the knowledge of the World Intellectual PropertyOrganization to report to the intellectual property rights protection strategy division method. Through the distinctive research of thetraditional medicine's defensive protection and positive protection, thethesis hopes to consummate the protection of traditional medicine.Section Two studies the defensive protection strategy of traditionalmedicine, by introducing several ways of protection, such as database,prior informed consent, and the disclosure of the origin of patent. Thedefensive protection strategy aims at taking preventive measures, anddoesn't authorize the possessor. Finally it gives some appraise.Section Three introduces the positive protection strategy oftraditional medicine. The positive protection strategy, which aims atgetting the right to the traditional medicine, is the main way of theprotection of traditional medicine. The obligee may exercise its rightpositively and investigate the infringement person's responsibility. Itconsists of patent, trade secret, trade mark, and some sui generis systemsof other countries.The last section discusses how to perfect the ways of traditionalmedicine's protection in China. By analyzing the transform oflegislation purpose and the choice of legislation pattern, the thesisconcludes that traditional medicine's way of protection in China shouldbe the combination of the improvement of intellectual property law inforce, which includes patent, trade mark, trade secret and a sui generissystem, which are an opening database and prior informed consent.