Chinese Medicine Intellectual Property Protection

Chinese medicine originated in China, is an integral part of China’s traditional culture, has unique and significant effect of the theoretical system, make an important contribution to the development of the Chinese nation. However, due to the lack of awareness of intellectual property protection of traditional Chinese medicine, the relevant legal system is not perfect, present development situation of traditional Chinese medicine industry in China is not optimistic, the overall level of innovation capability of Chinese traditional medicine industry is relatively low. At the same time, invaded and occupied by traditional Chinese medicine resource is very serious. Development of traditional Chinese medicine is not only to safeguard people’s health needs, is also a responsibility of the entire Chinese people. So, by perfecting the system of intellectual property protection of traditional Chinese medicine is our important task of development of traditional Chinese medicine industry.In the protection of traditional Chinese medicine (TCM), our government has a bold and fruitful exploration. One hand, we make use of existing intellectual property system to protect traditional Chinese medicine knowledge, at the same time, we conducted the institutional innovation to establish intellectual property protection system of Chinese medicine. The patent system originated in the West can not be effective in protection of traditional Chinese medicine. At the same time, patent protection may lead to the characteristics of traditional Chinese medicine to disappear and Chinese medicine in a crisis of survival. Compared with the patent system, the protection of trade secrets and traditional Chinese medicine variety protection system has some advantages, but the two systems, there are some shortcomings. The appropriate choice is to analyze the rational factors, and make up the shortfall.This paper argues that it is necessary to identify the limitations of the current intellectual property in protection of traditional medicine from many angles. In a way, we need to re-interpretation of the intellectual property system, enabling it to accommodate the informal innovation. To make this interpretation is internationally recognized, it takes hard work.In this sense, to take protective measures at the national level alone is not enough, but before the formation of international rules, the first in the country to find protective pathway is also necessary.This article analyses current situation and existing problems of intellectual property protection of traditional medicine, under the framework of the intellectual property system. Focus on from the point of patent protection, trade secret protection and administrative protection, study on the system of intellectual property protection of traditional medicine in China. Article discussed separately the advantages and disadvantages of Chinese medicine patent protection and administrative protection of intellectual property rights and protection of commercial secrets, General analyse the problems of intellectual property protection of traditional Chinese medicine in China. On the basis of summing up the intellectual property protection of traditional Chinese medicine, reference foreign protection of traditional medical knowledge of policy, propose construct the system of intellectual property protection of traditional Chinese medicine, mainly to intellectual property patent protection of traditional Chinese medicine, administrative protection of intellectual property of traditional Chinese medicine and Chinese medicine trade secret protection of intellectual property supplement. This article is divided into four sections to illustrate the intellectual property protection of traditional Chinese medicine.Part1This part describes the General intellectual property of traditional Chinese medicine theory. This section takes the basic concepts of Chinese medicine as the starting Point3Composed of chapter of this article. This section from patent protection, executive protection, protection of commercial secret way summarize the status of intellectual property protection of traditional Chinese medicine in China, and pointed out that problems of intellectual property protection of traditional Chinese medicine.Part2Introduce the syetem of international organizations and other countries in the field of traditional medicine protection.Part3This section from patent protection, executive protection, protection of commercial secret way summarize the status of intellectual property protection of traditional Chinese medicine in China, and pointed out that problems of intellectual property protection of traditional Chinese medicine.Part4Through the system of foreign intellectual property protection of traditional medicine, combining the character of intellectual property of traditional Chinese medicine in China, implement the strategy of intellectual property protection of traditional Chinese medicine, establish a comprehensive protection system of intellectual property of traditional Chinese medicine.