Intellectual Property Protection Of Traditional Chinese Medicine

Traditional Chinese medicine (TCM) has been existed for more than thousands of years. It has been contributing largely to human being's health and medicine. TCM is not only a kind of fortune of technology, science and literature, but also a kind of fortune of economy. TCM industry is an important part of Chinese economy. Chinese Medicine and its complex descriptions, is one of the best result in TCM with a unique theoretical system and an abundant clinical effect, which couldn't be substituted by the western medicine. Because of the stronger sense of environment protection and nature loving, and the side-effect of chemical medicine, governments, enterprises and people around the world pay more and more attention to TCM, which getting wider future. At the same time, there are so many Bio-pirate want to rob the profits ofTCM. This hurt the Chinese so deep not only in the economy but also in the heart. As one part of the Traditional Knowledge, the intellectual property protection on TCM has very profound significance to the China, even the whole world.This paper is consisted of six parts: the first part is the preface and the last one is the conclusion. The second part is a summarization of TCM, which define the traditional medicine and traditional Chinese medicine and illuminate the essential differences between TCM and western medicine. The third one is mainly about the rationality of intellectual property protection on TCM. We are sure that the law's protection should be put on traditional knowledge. But in china, it is still a problem in dispute whether we should endue the TCM with the intellectual property. This part discuss this problem from the point ofjustice,public health and development. The next one analyzes the status quo and some existing problem and deficiency in the intellectual property protection on TCM. The fifths part puts forward some ideas and solution for the intellectual property protection on TCM, such as The Prior Informed Consent, The Equal-sharing of the Benefit, protection of geographical marks and special TCM law, etc.