On The Improvement Of The Legal System Of Chinese Medicine Intellectual Property Protection

At present, our country drugs intellectual property rights protection legislation system already was completed, and has formed a multiplication, the multi-levels, the duplicate suitable law framework. However looking over the legal laws and regulations to involve the Chinese native medicine intellectual property rights protection, we would find that it is insufficient to cover the complete category which the Chinese native medicine intellectual property rights involves; At the same time, the potency, the affects and the applicable scope of the Chinese native medicine intellectual property rights protection system is absolutely different, even in the practice also has some interlocking and contradiction place; Simultaneously some protection systems simply do not conform to the Chinese native medicine own characteristic, being unable to provide the powerful protection to the Chinese native medicine intellectual property rights. In view of this present situation, setting off from the Chinese native medicine and the Chinese native medicine intellectual property rights and its the protection law system, my article introduced the representative the plant medicine related intellectual property rights protection law system of US, Thailand, Japan. Even more, the article outlined and evaluated our country present Chinese native medicine intellectual property rights protection law system and its the existence flaw with emphasis, namely to the Chinese native medicine patent system, the Chinese native medicine trademark system, the Chinese native medicine copyright system, the Chinese native medicine business secret protection system and the Chinese native medicine administration protection system performed to evaluate. In order to solve this practice problem, this article proposed embarks from the Chinese native medicine own characteristic, proposes perfect and the perfect our country Chinese native medicine intellectual property rights protection system solution mentality, Also is the our country present intellectual property rights law existence main question, the union Chinese native medicine characteristic, simultaneously must consider the Chinese native medicine intellectual property rights internationalization, to system and so on drugs patent, trademark, Chinese native medicine variety protection, administrative protection and new medicine protection conducts the system complete research, the revision and the consummation, diligently eliminates between the legal laws and regulations; At the same time, must establish the perfect each item not yet to establish the Chinese native medicine intellectual property rights protection system, establishes both is effective and scientifically protects the Chinese native medicine intellectual property rights to have the Chinese characteristic the legal framework. In this foundation, lets the international society accept our Chinese native medicine protection legal framework, enables the Chinese native medicine also to obtain the protection in the world other countries.