The Protection Of Traditional Chinese Medicine Knowledge Under The Patent Law Perspective

The time-consuming experiment has been on the bottom line to meet the requirement of efficiency and practicality in commercial activities. Multi-national corporation and scientific research organizations attach importance to traditional knowledge which has been used widely. Traditional knowledge of traditional Chinese medicine, used by traditional community and persons for tens of thousands of years, yet has been commercialized by foreign corporations recently. Besides the loss of potential interests, it needs to pay for the fees under Intellectual property rights. It’s necessary to pay attention to the free misappropriation and biopriacy phenomenon.Under the framework of traditional knowledge and patent law, the protection research focus on how to meet the challenge of international unfair behaviors. Considering the conflict between traditional medicine and patent system, there is two paralleling way to go:the positive protection which adjusts the patent system to be reconciled with traditional medicine; the defensive protection which is to systematize the traditional medicine to be in accordance with the patent requirement. Each method is to redivide the present interest distribution as well as to produce the Domino Effect. Based on factors such as social-cultural background、history、 environment、climate, the protection of traditional medicine has a great bearing on locality. It is the local situation combined with international practice that this article based on.Recent year, in the break out of SARS、bird flu、swine flu, the TCM has played an important role in prevention. The more it is used, the great risk it faces. So this article is just to make effort to solve the serve problem.