Research On The Trade Secret Protection Of Traditional Chinese Medicine

Traditional Chinese medicine (TCM) has been the dominant area of our country. Most scholars agree that the main protection of TCM is the intellectual property rights of private law as, but it is a weakness of intellectual property rights in our country. The patent system is the core of intellectual property rights protection system of TCM, and under the cover of it, the trade secret protection of TCM has not been taken seriously. The patent authorization ratio is much lower than Western Medicine, because it is difficult for TCM to meet the patent standard, and these problems cannot be solved by creating a special standard of review or reducing patent examination standards.In order to introduce the trade secret protection of TCM, this thesis selects the patent and Traditional Chinese Medicine’s variety as comparative objects and analyzes the deficiencies in the protection of TCM. These advantages embody the value of the system of trade secret in the protection of TCM, such as easy access, wide scope of protection, and other aspects. That is why this thesis chooses it as the research object. However, the defects of the secret system, and the conflicts between the trade secret protection of TCM and other systems, leading to the current predicament of the trade secret protection of TCM. While improving the trade secret protection of TCM, firstly, we should strengthen the preventive protection, because the secret is the core of the trade secret. Secondly, perfect the trade secret infringement relief, also to integrate and coordinate the contradictions with the existing system. In addition, the diversity and complexity of the traditional Chinese medicine resources determines the single means of protection can not cover all of its content. Therefore, we can strengthen the trade secret protection of TCM by making it combined with other means. The study of trade secret protection of TCM is expected to coordinate it with the patent system and other protection ways, not against the core status of the patent system, nor to over-emphasize the proportion of trade secret system. The ultimate aim is to form a comprehensive protection mechanisms of TCM combines multiple protection under the private law.