Intellectual Property Protection Of Traditional Medicine Perspective

The process of modernization causes the exclusion of traditional knowledge.Therejection of traditional medicine makes it hard to receive effective legal protection. In thisarticle, the entry point is the natural property of traditional medicine. Moreover, the authoremphasizes the importance of the intellectual legal protection. Only like this, we can workout the dilemma between continuity and confidentiality. In addition, we may avoid thesituation that the developed countries eliminated the ownership and the right to the use oftraditional medicine in developing countries.This article is divided into four chapters:The first chapter introduces the concept and characteristic of traditional medicine.Although the concept of traditional medicine is frequently used, there still existmisunderstood. For example, there is a perception that traditional medicine is equivalent totraditional Chinese medicine. Therefore, this article focuses on the connotation oftraditional medicine and holds that Chinese medicine is a collective conception whichincludes all tradition medicine forms of Han and other ethnic minority groups. The mostimportant of these is traditional medicine of Han. In addition, the author also analyzes thecharacteristic of traditional medicine, such as medicine theory and medication principle.Besides, according the anti-intellectual thoughts raised by some scholars, the author refutesfrom aspects like the requirements of human rights, biodiversity and the motivation theoryin Economics.The second chapter analyzes how to protect the traditional medicine in the perspective ofpatent law. Firstly, introduces the effective law system in other countries. Secondly,introduces the present situation of our country. Thirdly, put forward the protection methods.The third chapter elaborates related issues about how to use intellectual property lawincludes copyright law、trademark law、commercial secrets and right if geographicalindication and intangible cultural heritage protection law to protect the traditional medicine.In addition, the author puts forward some suggestions.In the fourth chapter, combining with the present situation of China, the author holds that setting up the special legal system is urgent. For example, build a unified national databaseof traditional medicine and urge to strengthening the enforcement of relevant administrativelaw. As a whole, the spirit of innovation glitters in this part.The fifth chapter is the conclusion part which is to summarize and sum up in this paper.