Research On The Intellectual Property Right Protection Of Traditional Chinese Medicine

Traditional Chinese medicine (TCM) knowledge has a thousand-years history, notonly of our working people, the long-term struggle with the disease and continue toaccumulate summarize a wealth of experience and is an important part of the Chinesenation’s fine cultural heritage. Ancient materialism and dialectics of ideological guidanceand under the influence of the Chinese medicine over a long period of medical practice,and gradually formed and developed a unique theoretical system of medicine,multiplication and prosperity for the Chinese nation’s health care industry and has madegreat contribution. In the rapid development of science and technology today, with thepopularity of the continuing spread of traditional medicine and widely used in medicinemore and more subject to the attention of the international community. However, the TCMdid not get very good protection, many of TCM intangible assets squandered. Some largemultinational pharmaceutical companies utilize and produce huge economic benefits thatChina’s domestic pharmaceutical industry is facing a grim situation, ultimately resulting ina huge loss of intellectual property rights (IPR) of TCM knowledge. Therefore, Chinesemedicine research and explore traditional knowledge, IPR protection, to a certain extent toprotect the traditional advantages of Chinese medicine in China, and in turn help toimprove the international competitiveness of the Chinese medical industry.Study medicine traditional knowledge theory based on TCM knowledge of their owncharacteristics and its on the protection of the demand, the background of the currentinternational IPR protection system large framework, from the Law as well as aphilosophical angle analysis of TCM and the special, modernization andinternationalization, through the use of comparative research, empirical studies, countrystudies, and a series of methods, the demand for the protection of TCM knowledge,protective pathway predicament, defects of the existing system of protection and otherissues do the analysis and discussed.This thesis is divided into four parts besides introduction and conclusion. Chapter one introduces the scope and significance of the protection of IPR of TCM frompharmaceutical basic theory; Chapter two elaborates the legitimacy of the IPR protectionof TCM; Chapter three explores the insufficient of the international IPR protection ofTCM by analyzing the approaches and challenges of the protection; Chapter four gavestrategic conceptions and legislative proposals on IPR protection of TCM in China.