A Study On Legal Problems Of Protecting Uyghur Medical Patent

Uyghur medicine is an important part of traditional culture of ethnic medicine,and precious wealth of the Chinese nation.As a natural drug,Uyghur medicine unique in terms of materials,have a strong Uyghur national culture Preparation method,also has an unique effect in the treatment of heart disease,diabetes and other aspects of difficult miscellaneous diseases,more and more attention has been aroused at home and abroad.As china plays a more and more important role in the process of global economic integration,coupled with the "Silk Road Economic Belt "construction of a strong impetus,Uyghur medicine has stepped out of the domestic market and has become an international market.Carry out patent protection for Uyghur medicine is advantageous to inherit and carry forward the fine traditional culture on the one hand,prevent Uyghur medical intellectual property from being illegal used by other people;on the other hand,conductive to further mobilization of Uyghur medical science and technology talents to create vitality,improving the technical content of Uyghur medical industry,promoting the competitiveness of Uyghur medicine market.However,the patent system in Xin jiang started late,in view of the existing patent law of the chemical patent protection system,the traditional knowledge of Uyghur medicine can not be adequantely protected.There are many defects in the Uyghur medical patent system,such as judicial assistance,rights protection,evidence collection and examination standards,it caused the bottleneck of the Uyghur medicine patent protection system and the practice of rights protection.A series of legal issues have enhanced the cost of protection on Uyghur medical patent.It has enforced the obliges of Uyghur medical patent abandon his patent application,the legal right of patent holder ' s can not get effective protection.Protecting Uyghur medical patent must be started with its character and core features,continuously improve legislation,enforce of law and mechanism of safeguard legal rights,to build a good atmosphere and social environment for protecting Uyghur medical patent.The ueful experiences of ethno medicine in home have provided good reference for solving the legal problems on Protecting Uyghur medical patent.Protecting Uyghur medical patent needs to the interaction of government and society,only so we can solve the legal problems on Protecting Uyghur medical patent.Practice of traditional chinese medicine Law will provide a legal support for Protecting Uyghur medical patent.This paper objectively analyzes the current situation of Uyghur medical patent protection in china,data and chart analysis using the INCOPAT patent search engine,learn from the experience of patent protection of traditional Chinese medicine,it is discussed and analyzed from two aspects of theory and practice,with a view to further improving the Uyghur medical patent protection system in china,put forward feasible countermeasures and suggestions.The full text is divided into four parts:The first part introduces the research background and significance.This paper focuses on the background of patent protection for Uyghur medicine in recent years,this study is conductive to providing opinion for Uyghur medical patent applicants.The second part is based on the definition of Uyghur medicine,conducting data retrieval and analysis.Development of Uyghur medicine is historical,this part summarizes the unique features of Uyghur medicine from the combination of temporal and spatial characteristics of Uyghur medicine.Precisely because of this,the Uyghur medical culture is different from any other ethnic medical culture.Through the INCOPAT intelligence analysis system,patent application,applicant structure,agency ranking are carefully analyzed.Find out the internal and external causes of the lagging development of Uyghur medicine,combined with patent protection measures,the prominent problems of Uyghur medical protection are analyzed,and carry out main reason analysis.The third part is to analyze the legal problems existing in the patent protection of Uyghur medicine.Conduct problem analysis on operability is not strong,Low legal position,Prescription is difficult to do right,conflict with the patent law three requirements,conflict between prescription secrecy and openness,Low quality standard,Passive enforcement and Lack of professionalism.The fourth part puts forward the legislative thinking of perfecting the patent protection of Uyghur medicine in chaina,put forward feasible suggestions for the Uyghur pharmaceutical enterprises how to further safeguard patent rights,countermeasures include:accelerating the patent protection legislation of Uyghur medicine;reform patent application system and promote patent protection of prescription.promoting standardization protection of Uyghur medicine;increase the protection of Uyghur pharmaceutical patent law enforcement;strengthening the consciousness of safeguarding rights of Uyghur medical patent applicants according to law;provide Uyghur medical patent protection fund support;cultivate Uyghur medical patent protection talents.Draw lessons from the beneficial experience of patent protection of Chinese medicine.