| The Constitution clearly stipulates:The state aimed to develop medical and health services, to develop the modern medicine and traditional Chinese medicine, to encourage and support the rural collective economic organizations to state enterprises and organizations and neighborhood organizations to organize a variety of medical facilities, to develop mass health activities to protect people's health. Our state aimed for the Chinese medicine to own legal protection.Many countries have joined together to protect their traditional wealth, the World Health Organization, World Intellectual Property Organization and other international organizations, also take measures to protect traditional medicine in new century.The problem needs to be focused and took protective measures, and develop a number of international legal system.But how to protect is still under consultation and discussed.China own a large of knowledge of traditional medicine,but how to use the traditional medicine knowledge and how to protection are still not clear,such as the rights of holders of traditional medical knowledge can not be effectively identified. And the rights will impede their access to legal recognition and protection. Our patent awareness is not very effective, which will lead to Chinese traditional medicine is difficult to achieve in the international market.The article concept the definition of the traditional knowledge, and analysis the detail of the traditional knowledge.Second, the article elaborated on the traditional knowledge of Traditional Chinese Medicine to give legal rights of the need necessity,and analyzes the relations between the Chinese medicine traditional knowledge and Intellectual Property legal systems.Third,the article elaborated the legal measures of other countries and many organizations.To find advices for our traditional medicine protection. Then,the article analyses the measures token in our country,to find a good way for its protection. |
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