Research On The Legislation Issue Of Traditional Chinese Medicine Intellectual Property Rights Protection

Currently, the legislation of our country intellectual property rights comparatively is maturity, it has been a multi-tiered jurisprudence, but the law relate to the protection of traditional Chinese medicine intellectual property rights isn't able to all of it. At the same time, the law relating to the protection of traditional Chinese medicine intellectual property right's effectiveness and range of application is different. There is superposition and contradiction, the protecting system is not accord with character of traditional Chinese medicine at all. It can't protect traditional Chinese medicine intellectual property rights forcefully. June 5th of 2008, State Department promulgate country intellectual property rights strategy outline, decide to bring it into effect. There is a specially discuss of the most compete traditional Chinese medicine intellectual property rights. In allusion to this actuality, this paper start with traditional Chinese medicine, traditional Chinese medicine intellectual property right and protect law. Recommend intellectual property rights in typical country, for example Thailand, USA, Japan, India and Laos. It summarize and comment the currently system of traditional Chinese medicine intellectual property rights and its defect. There is comment on the system of traditional Chinese medicine patent, brand, copyright, business secret and administration protection. In order to figure out this theory and practice issue, this paper bring forward a solving idea of perfect the protection system in allusion to traditional Chinese medicine's character. In allusion to main issue and traditional Chinese medicine's character carry through investigate, perfect and amend it according to internationalization of traditional Chinese medicine intellectual property rights. It avoids dissonance in the system of traditional Chinese medicine intellectual property rights. It availably circulates harmoniously. It must be especially legislation on traditional Chinese medicine in order to constitute the system, come into being characteristic Chinese jurisprudence. International society will accept it. It will protects in other countries.