On The Protection Of Intellectual Property Rights Of Traditional Chinese Medicine

Nowadays, traditional Chinese Medicine(CM) is likely industry that could obtain the independent intellectual property in China. Though still one of the few areas in which China nowadays enjoys a dominant position in the international academic circle, because of lack of protection by way of pratice of intellectual property fight laws, domestically produced Chinese traditional medicines share as little as about 5% of the international Chinese traditional medicine market. In sharp contrast, imported Chinese traditional medicines stream into the market and exert a great negative impact on the development -of Chinese traditional medicine industry. Foreign companies try to grab the market by way of infringe of intellectual property right. Still worse, domestic intellectual property right get lost in a fringening speed and result in a heaby loss of the market share, which constitutes a great warning. Nowadays, domestic enterprises are not fully aware of the intellectual property right. The intellectual property right protection for Chinese traditional medicines is not far from being perfect. So it is extremely urgent for us to strengthen our dominant position and change the techniqual advantage into market advantage. And utmost important of all is the strengthening of intellectual property right protection.Under present circumstances, there is a great problem that how to make good use of the intellectual property system neatly and effectively to solve, in order to protect the legitimate rights and interests for CM in China and overseas.Starting from the present condition of our development of the Chinese traditional medicine, this paper elaborates on the intellectual property right protection for Chinese traditional medicine in six chapters. First, it makes the definition of CM, and then discusses the scope of the public domain of CM. second, it summaries the present condition of the development of CM and the intellectual property right protection for CM and points out the misunderstanding. thrid, it makes an in-depth analysis from patent protection, brand protection, administrative protection and trade secret protection and find out about the cause of the problem, it points out the Value of the intellectual property right protection for CM and the significance of the protection. fourth, it syudys on the concrete applying of these protection mode, then points out their superiority and Inferiority. firth, it suggests the study of the intellectual property right protection for CM from strategic level and puts forward systematically suggestions for the counter-measures, strategies and the perfection of the intellectual property right protection for CM. It suggests that we should treat patent protection as the core and brand protection, administrative protection and trade secret protection as assistance of the protection system. finally, it discusses the consummation of the intellectual property system, and emphatically studys on the tecnology subject of patent protection.The important and difficult problems of intellect property protection for CM were research in the paper, and the reasons were put forward, moreover some corresponding strategies were proposed in the paper, in order to help the pharmacy companies and government solve the problems of intellect property protection for CM effectively, enhancing the competitive capacity of CM industry, accelerate the development of CM Industry healthily and fleetly.