Study On The Protection System Of Traditional Chinese Medicine Varieties

On October 14,1992,the State Council promulgated the Regulations on Protection of Traditional Chinese Medicines and formallymplemented on January 1,1993.The system has lasted for 24 years,as a special administrative protection,supplemented by private law protection has not been involved in the field.The protection system of traditional Chinese medicine varieties is set up to protect the market access of Chinese medicine manufacturers.At the beginning of the establishment,the traditional Chinese medicine production market is confronted with chaos.It will encourage the research and development of traditional Chinese medicine varieties,protect the intellectual property rights of traditional Chinese medicine,protect the cultural heritage of Chinese medicine and accelerate the traditional Chinese medicine Internationalization process,and promote the healthy and stable development of Chinese medicine industry as a starting point.However,since the promulgation in 1993,in 2009,the State Food and Drug Administration promulgated the "Guiding principles for protection of traditional Chinese Medicines " to refine the specific operation of the quality assurance system,and did not reach the problem of institutional positioning and intellectual property rights Protection of the relationship.Chinese medicine protection is still not a stable and mature protection system,many of the new problems caused by changes in the Chinese medicine market still need to face.Based on the domestic and foreign literature research,this paper analyzes the contribution and value of the protection system from the theory and practice of the protection system.According to the patent protection of the traditional Chinese medicine,the protection of the variety protection data,the protection of the traditional Chinese medicine patent and the protection of the variety Comparative analysis,in order to learn from the protection of intellectual property rights model,to seek a more comprehensive system of traditional Chinese medicine protection,at the same time,according to the traditional Chinese medicine varieties protection system since the implementation of Chinese medicine enterprises to apply for and grant protection certificate and protection of traditional Chinese medicine varieties and trends analysis,In the next system to improve the process,as an administrative ordinance,should first seek Chinese medicine enterprises and related individuals of the private and public interests of the balance,to enrich the rights of traditional Chinese medicine varieties of protection;Secondly,The protection of the protection system should be clearly located in the protection of proprietary Chinese medicine,and weaken the primary and secondary protection classification;the same time,the traditional Chinese medicine variety protection system in the new era of the task should be to encourage innovation of traditional Chinese medicine varieties tilt;Finally,And other Chinese medicine to protect the way of mutual coordination,complement each other,the formation of a complete,mature traditional Chinese medicine protection system.