Special Law To Protect The Theory Of Traditional Medicine

Chinese traditional medicine is Chinese fine traditions of an important part of culture, has a unique theoretical system and abundant clinical experience, had made tremendous contributions to the people of all nationalities in China and the peoples of the world in the health care industry. Even today in the modern medicine with high-speed development, it is still playing a very important role in protection of the health of the people. In addition to traditional medicine with medical value, it plays an important role in the country's economic development, but "biopiracy" have had a rather big impact on the traditional medicine. In this paper, the author is based on the status quo of the protection of Chinese traditional medicine, consults the latest information published by domestic and foreign organizations and traditional medicine Intellectual Property Organization and inspects the international intellectual property system and the legislative provisions on the multinational protection of traditional Chinese medicine, before the scope of protection of intellectual property rights of the traditional medicine, the ways of protection, the defects of protection and other issues will be discussed and analyzed by research methods of comparison and analysis of the case.Apart from the introduction and conclusion, this paper includes four parts:In the first part, the concept and scope of the traditional medicine are introduced. The concept will be defined as a traditional medicine to maintain a healthy set of knowledge, skills and practices. Even Chinese traditional medicine is diverse, it can be summed up in seven areas. At the same time, the characteristics of the traditional Chinese medicine will be elaborated, which lays the foundation for the explanation of difficulties in protecting traditional medicine and for the conception of protecting mode of specialized law in the ensuing chapters.In the second part, of the World Intellectual Property Organization, World Health Organization and the Convention on Biological Diversity, the contribution to protect the traditional medicine is collated, and some countries' legislative overview of the protection of traditional Chinese medicine is presented, which has provided experience and the lessons learned for us.In the third part, in the combination of current major intellectual property system and administrative measures of the protection of traditional Chinese medicine, our five protecting model of protecting traditional medicine and its advantages and disadvantages are inquired into. Insufficiency of the existing protecting model provides a necessity for the building of protecting model of specialized law.In the forth part, in accordance with the disadvantages of Chinese existing protecting model pointed out in the third part, using foreign advanced experience for reference, in the light of Chinese status quo, the author makes his own proposals and views and strives to build specialized-law protection-system of traditional medicine. Specifically: make the right main of the traditional Chinese medicine and the protecting scope of special law clear; emulating New Plant Varieties, in the country's traditional medicine, establish a franchise similar to the proprietary nature of the intellectual property rights to resist improper possession and unfair use of all non-owners and non-holders of traditional Chinese medicine; implement the PIC system; establish protection principles of rational development and benefit-sharing; implement the management literature of traditional medicine knowledge, draw distinction between the different objects of traditional medicine and provide the protection of their classification.