Patent Protection Of The Traditional Chinese Medicine

Traditional Chinese medicine cultural is an essence part of Chinese civilization. It hasa long history, unique theoretical system and a rich clinical experience accumulated overthousands of years. Traditional Chinese medicine has made a great contribution to bothChinese nation and the world. Traditional Chinese medicine industry has advantage oftraditional industries in the international community. It has significant advantagescompared with chemical medicine and biotechnology drugs, including small risk, low cost,mature clinical practice and so on. Now, some developed countries use Chinese medicineresources in China for free and loot Chinese economic benefits by patent. Because thedevelopment of China’s intellectual property laws are not perfect and different theoriesbetween traditional Chinese medicine and western medicine. Therefore, the study of patentprotection about traditional Chinese medicine is urgent and necessary. This paper putforward traditional Chinese medicine patent infringement by modernized means offingerprint and theory about effective parts, the pharmaceutical enterprises setting upspecial institutions of patent protection to enter the international market. The paper consistsof four parts:Firstly, the legality of traditional Chinese medicine and the consistency of patentprotection about traditional Chinese medicine are analyzed. Focus on the theoretical andpractical significance about the traditional Chinese medicine patent protection.Secondly, a more comprehensive discussions on the current status of traditionalChinese medicine and existing problems of patent protection. Some focus on analyzing theimpact of unfavorable factors about patent protection, including barriers in the process ofapplying patent protection, conflict about patent protection and administrative protection,difficulties about identify patent infringement.Thirdly, in order to provide some reference value for the patent protection oftraditional Chinese medicine in China, this paper combine terms on patent protection inTRIPs and USA and Germany (two internationally influential countries) to make some comments.The last parts of the article in order to perfect the system of patent protection oftraditional Chinese medicine in China, put forward some suggestions. Therefore, this paperis done from perfect Chinese patent application system, harmonize patent protection andadministrative protection, use technology to strengthen the management of traditionalChinese medicine patent infringement and other unfavorable factors to overcome theseaspects.