Research On Traditional Chinese Medicine Patent Protection In China

Chinese medicine can be patented for its own independent R & D capabilities. With the trend of "Human return to nature",More and more people around the world concern on traditional Chinese medicine by its unique advantages. Economic globalization time is speed up, China's economy has already integration with the world economic, We are facing important issues on:How to maximize the use the knowledge of patent protection and make good use of traditional Chinese medicine resources; How to makes our enterprises win in the Fierce domestic and international competition market; How to expand the market share to win the greater social and economic benefits; How to protect our Traditional Chinese Medicine from infringement of intellectual property rights. At present, large foreign pharmaceutical enterprises utilizing the vulnerability management on Chinese Intellectual Property management, seize the patent or occupy the resources of Cuban medicine on free or gain the huge profits. Not only the Government or enterprises but also related person should pay more attention to these questions.The starting point of this paper related to issues patent protection of Chinese medicine. Considering the actual situation in China, We raise difficult issues by analysis the status quo through the domestic and international patent protection. According to the development status on Chinese medicine industry at home and abroad, a mode called early warning mechanism on Chinese patent should be construct. Patent pool is also an effective mode. Strengthen the decision on infringement actions, Appropriate adjustment norms on Novelty or Creativity or Practical to Traditional Chinese Medicine. Make the legislation of Chinese patent continuous improving.Achieved the following results:Analysis the current situations of domestic and foreign patent protection on traditional Chinese medicine in detail; Carried out the comprehensive study on exist difficulties and explore effective ways of Chinese medicine patent protection; Put forward advice and strategies to build a sound system of Chinese patent protection.The Innovation:Provide a conducive platform for Chinese patent protection by constructing patent early warning mechanism and patent pool. The study of patent protection of traditional Chinese Medicine has some theoretical and practical significance.From our national conditions,given the Chinese medicine more reasonable patent protection. Consider the development of domestic and international, revising and improving relevant legislation constantly.