Study On Legal Protection Of Time-honored Brand Of Traditional Chinese Medicine

Traditional Chinese Medicine(TMC),which is an inalienable part of Chinese traditional culture,is the essence of our country.China is also one of the earliest birthplaces of Chinese medicine.During its long process of development,the time-honored brand of TCM was born in social changes and economic development.They are the carriers for the inheritance and development of TCM,and are deeply branded with Chinese imprints.With the establishment of a modern health system,most of the time-honored brand of TCM "medical‘parts are gradually being replaced by modern medical institutions,leaving only the production and operation of"medicine".For example,Guangzhou Chen Liji,Hangzhou Huqing yutang,Yunnan Baiyao,etc.The author only takes time-honored brand of TCM as the research object.The time-honored brand of TCM in the minds of consumers represents high quality and high credibility.However,the development of TCM brand has encountered a series of difficulties.The trademarks of time-honored brand of TCM have been registered by interest groups,the proprietary technologies such as secret recipes and processing techniques have been stolen by companies or individuals with ulterior motives to obtain high profits and damages.Damaged the interests and development of time-honored brands.The reason for these is that the legal protection system for time-honored brand of TCM is not perfect,which provides an opportunity to infringe on the related rights and interests of time-honored brand of TCM,and also makes it possible for time-honored brand of TCM to conflict with related rights.In this paper,through the study of related literature and data at home and abroad,qualitative and quantitative research methods are used to explore the problems in legal protection from two aspects:marks protection and know-how protection.The study found that there is a lack of brand protection awareness;the legal status of time-honored brand of TCM rights is not clear;the conflict between the right of size and the trademark right;the appearance of fake time-honored brand of TCM trademarks.There are problems with the protection of know-how in time-honored brand of TCM,such as,the incompatibility of patent protection measures,the conflict between the secret protection methods and the information disclosure system,and the weak awareness of the internal legal protection of old brands,are not optimistic about the protection of old proprietary technologies.The author analyzes the causes of the problems and lists the successful experiences of Beijing Tong Ren Tang's intellectual property protection.In order to obtain a legal protection model for time-honored brand of TCM.The author proposes to raise the awareness of trademark protection;properly handle the relationship between the right of size and right of trademark;protect the old name of Chinese medicine in the "Trademark Law";registration and management systems,etc.From the aspect of the protection of know-how,the author proposes to coordinate the protection of intellectual property rights and administrative protection through the use of intellectual property rights comprehensive protection measures,establish proprietary technical protection lists and databases,and achieve effective coverage of old Chinese medicine brands by law.The establishment of a legal protection mechanism time-honored brand of TCM has a positive significance for the inheritance and development of unique TCM related technologies as well as the promotion of TCM culture.