The Exploratory Analysis Of Legal Protection Mode Of Traditional Chinese Medicine

Depending on the powerful protection of TRIPS Agreement and the huge profit itself, Pharmacy Industry is the favorite of business. Recent years, it brings the attention to traditional Chinese medicine (TCM) that Western Medicine has had a rising at abuse. TCM system relies on inheritance and development of thousands of generations of Chinese nation. While the knowledge of TCM has already been documentation and held by individuals, it provides a great convenient for biological pirates, which gets national pharmacy industry supported by traditional Chinese medicine origin into trouble. Our country has to face to the problems about sharing benefits in commercial exploitation of traditional Chinese medicine and protecting with Intellectual Property Law. In this article, the writer wants to reveal the worrying circumstances of traditional Chinese medicine by facts and data, find out the universality and diversity through researching on institution of protecting traditional medicine knowledge of international and other developing countries, and explore proper regime to China taking example by the successful experiences.Mainly using compare analysis method, the article enumerates international practices, analyses Chinese mode in protecting traditional Chinese medicine, and finds the outlet of TCM. The article consists of three parts:preface, main text body and epilogue. There are six chapters in main text body. They are as follows:Chapter one mainly introduces several concepts related with TCM; expounds the necessity of protecting TCM, enclosing its medical and cultural status, indispensable significance towards human rights. And state the urgent of protecting TCM with introducing briefly the dilemma when domestic medicine enterprises meets with biological pirates.Chapter two enumerates a few international treaties, four regional protection writs concerning great benefit of aboriginals community, meanwhile countries such as India and Thailand practices protecting with special institution.Chapter three introduces Chinese laws and regulations and institution in detail, including Constitution belonged to public law and Intellectual Property Law like Patent Law and Trademark Law which belong to private law.Chapter four analyses chiefly the cultural barrier and institutional barrier and the misunderstanding of the way that protecting TCM with Intellectual Property in our country. Via the analysis of defects of existing protection mode, prove the insufficiency of sole mode in Intellectual Property.Chapter five appraises two current major modes in international protection:defensive protection and initiative protection. The contents consist of evaluating their advantages and disadvantages, superior and inferior, which is useful to the choice of China.Chapter six raises up the idea of perfecting the mode of protecting TCM. At the base of preceding analysis to national and international protection mode in law, combine the way of adjusting the existing Intellectual Property institution with the way of establishing special institution of TCM protection, and make them play a inter-complementary role.