Patent Protection System

Traditional Chinese medicine (TCM) is the quintessense of our country. It has a unique theoretical system and an abundant clinical experience and is a very important part of our excellent traditional civilization. As difficulty of exploiting fresh medicine now, the international society begins to exploit flesh medicine from natural drugs. As China taking its steps into WTO, the competitions between industries of TCM is becoming more and more fierce. Thus enforcing the research in patent protection of TCM and protecting independent intellectual property of traditional Chinese medicine are matters of paramount importance. Since the patent protection of pharmaceuticals is a subject of relatively short period in our country, our awareness of patent protection is unreflecting. And there exist many misunderstandings and misoperations among pharmaceutical and medical professional in China when they are seeking for patent protections of TCM. The research will discuss the scope of patent protection of traditional Chinese medicine, analysis the current situation of our country in patent protection of TCM, discuss the existing problems and misunderstandings and make some suggestions in the strategy of protecting patent protecting of traditional Chinese medicine.First of all, the traditional Chinese medicine, the object of the study, will be defined and I will analysis its characteristic in this part. The traditional Chinese medicine has many differences compare with western medicine, so the study will discuss its characteristic for discussion of the patent protection of TCM after.In the second part, the forms and their shortage of protection of TCM will be discussed. Now the forms of protecting TCM in our country mostly include: the patent protection, the administrative protection, the brand protection, the commercial secret protection of which the most effective is patent protection. In the end, I will discuss the feasibility and the need of patent protection of TCM.In the third part of the article, the emergence and development of patent protection for TCM in China will be described briefly. And the research will generalize the scope of patent protection of TCM in this part detailedly. The patent protection of TCM in foreign law will be discussed in the next part. We can find that the patent protection of TCM is possible in the developed countries.In the fifth part, the research will discuss the current situations and problems of patent protections of TCM. In China, patent protection is still not the first choice to protect the intellectual property of TCM. Currently, as long as the industry of TCM is concerned, lots of problems and misunderstandings exist in multiple aspects of applying and protecting patent, including the awareness of applying, the management to the process of applying and protecting, the approaches of applying, the strategies and skills in patent protection and so on.In the last part, I will discuss the suggestions to the patent protections of TCM. With the aim of strengthening the patent protection, many suggestions are discussed such as perfect the standard of applying patent, carrying out standardization of TCM, raising the awareness and the ability of the whole industry in patent protection, establishing fund for international application and so on.The research discussed the patent protection of traditional Chinese medicine of our country by the numbers. The study bring forward many suggestions for perfecting the patent protection of TCM through analyzing the shortage of the current protection. Surely, many aspects of this article need to be improved. The TCM industry is a preponderant industry of our country. It's very important to research the patent protection Of TCM. Seeking for effective patent—protecting approaches and tactics, generating a directive development strategy and finally maximizing the patent protection of our country's TCM industry will be a long—lasting,constantly—improving process which requires the exploitation of the whole society. And I think our TCM industry will have a splendent tomorrow.