Research On Situation Of Traditional Chinese Medicine Patent Protection In China

Traditional Chinese medicine refers to the application of drugs under the guidance of traditional Chinese medicine theory,with a long history,more resources,low cost,small side effects and other characteristics of traditional Chinese medicine with its unique efficacy and role for human health and development made a positive contribution in the prevention Disease treatment,rehabilitation and health aspects of the show the unique advantages and charm.Some developed countries use the traditional Chinese medicine theory and Western medicine theory of major differences,stealing the use of China's traditional Chinese medicine technology resources,but also to patent the way to plunder the economic interests of China's traditional Chinese medicine industry,resulting in a large number of traditional Chinese medicine patent rights and losses.Therefore,along with the internationalization and modernization of traditional Chinese medicine industry,we have to reflect on the current barriers to the protection of intellectual property in Chinese medicine,as well as the traditional Chinese medicine can not be faced with the lack of intellectual property rights of the legal solution to the embarrassing situation.In this paper,the author discusses the necessity and feasibility of the protection of intellectual property rights of traditional Chinese medicine in theory,and expounds the related theories of patent protection of traditional Chinese medicine.Based on the SooPAT patent search and national intellectual property office,This paper analyzes the current situation and existing problems of patent protection in our country,and analyzes the typical cases of patent infringement in recent years,and on the basis of drawing lessons from the experience of Western developed countries on the protection of medical patents,Put forward the proposal of perfecting the patent protection system of Chinese medicine in order to provide some reference value for the relevant departments and enterprises to protect the patent of Chinese medicine.