The Theory Of Traditional Chinese Medicine Patent Protection In China

Traditional Chinese Medicine patent protection is the most important mode ofTraditional Chinese Medicine intellectual property protection mode,since the patentsystem in our country nearly three decades, we have achieved significant results in thePatent Protection.However, due to the particularity of the Traditional Chinese Medicineitself and the complexity of the patent protection system, during the practice ofTraditional Chinese Medicine patent protection, we also encountered many problemsand found out that there are lots of issues remains to be perfect. By comparingTraditional Chinese Medicine patent protection mode with other Traditional ChineseMedicine intellectual property protection modes,we can find Traditional ChineseMedicine patent protection mode has superiorities in motivating innovation and joiningwith TRIPS.At the same time,we sum up outstanding foreign experience and foreignlegal system,and analyze the difficulties we faced by our current patent protectionsystem in Traditional Chinese Medicine,such as patent applicationdifficulties,conflictions of protection modes,the uncertainty of infringementstandards,and we must make great efforts in coordinating the relationship betweenTraditional Chinese Medicine patent protection and the protection of TraditionalChinese Medicines,and establishing infringement standards with Traditional ChineseMedicines characteristics.