Research On Intellectual Property Management For International Scientific And Technological Cooperation Of Traditional Chinese Medicine

Chinese medicine is an important healthy resource,one of the excellent cultural resources and potential economic resources in China,and it is also the most original and advantageous scientific and technological resource.In order to get better inheritance and development of traditional Chinese medicine,Chinese Medicine International Science and technology cooperation is imperative,and intellectual property rights exist in the cooperation in the process of scientific and technological achievements,the rights of ownership transfer,transformation,development and production of various results of circulation.Due to the late start of intellectual property protection and the lack of awareness of protection,institutional and cultural differences at home and abroad restrict the development of international cooperation in science and technology of traditional Chinese medicine.Through the analysis of traditional Chinese Medicine International Science and technology cooperation at home and abroad,the intellectual property of traditional Chinese medicine,Chinese medicine system of the status quo of international science and technology cooperation case,summed up the existence of international cooperation in science and technology of traditional Chinese medicine intellectual property and research institutions in question,on this basis,put forward the relevant Chinese Medicine International Science and technology cooperation on intellectual property management norms and the detailed rules for the implementation of.The paper is divided into the following parts.1.Analysis of the current situation of international scientific and technological cooperation of traditional Chinese MedicineBy using bibliometric analysis,this paper analysied 10984 highly cited published papers on Chinese medicine international cooperation in science and technology of 1990-2017 from the SCIE database.After statistic analysis of the six aspects of the overall,publishing year,countries and regions,funding agencies,authors' institutions and research content,it was found that the United States,Europe and Japan were the most closely related countries and regions with China's international cooperation in science and technology of Chinese medicine,specific summarized as follows:First of all,the proportion of papers published in international science and technology cooperation of Chinese medicine accounts for only 17%of the total volume of papers published on Chinese medicine.The cooperation between Chinese and international Chinese medicine science and technology needs to be improved.The number of first authors or communication authors accounts for 70.07%of the total documents of the international scientific and technological cooperation of Chinese medicine.Our country has a strong advantage and dominance in the cooperation.The volume of papers published in 1990-1999 is not high and with a slow growth,so it was the budding stage.The annual number of published articles increased rapidly since the beginning of 2000.From 2010 to 2017,as the base increases,the annual productivity has continued to rise.It has come into the developing stage.The partners were from 145 countries and regions,The partners of highly cited papers were from 109 countries and regions.The largest amount of cooperation was the United States,followed by Britain and JapanSecondly,74.5%papers and 86%highly cited papers have received a grant number.The Fund-funded institutions with the highest amount of cooperation and the highest number of sources are the National Natural Science Foundation of China(NSFC)and the National Institutes of Health(NIH)of the United States NSFC funded papers were higher than those of NIH,but the amount is raised high less than NIH.Third,the highest number of cooperative publications is the Chinese Academy of Sciences.The foreign institution is the University of California system.The university is the main body of the international cooperation in science and technology of traditional Chinese medicine,five of which are Chinese medicine universities.The main body of cooperation is not only limited to traditional Chinese medicine institutions and medical universities,but also a number of comprehensive universities.The highest number of domestic and foreign issuing agencies with high cited co authored articles is consistent with the highest dispatch agencies,but the distribution of other institutions is different.Finally,from the periodical research direction,research direction of cooperation gathered in pharmacy,chemistry,pharmacology of complementary and alternative medicine,plant science,biochemistry and molecular biology,general internal medicine,oncology,genetics,neuroscience,neurology,cell biology and experimental research of medicine;analysis from the perspective of author keywords,find content cell apoptosis was determined by experiment for the majority,but also involves the study of gastric cancer,breast cancer,ovarian cancer,colorectal cancer,inflammatory node disease and Alzheimer's disease,including acupuncture in the treatment of polycystic ovary syndrome,pain syndrome,depression etc..2.Analysis of the intellectual property rights system of Chinese and foreign medicine related to Chinese MedicineThe international convention,the United States,the European Union,Japan and China's intellectual property system of Chinese medicine are analyzed and summarized as follows:With the traditional Chinese medicine intellectual property rights related international treaties "Paris Convention" and the "Berne Convention","UPOV","MWIPO Convention" PCT "," CBD" and "TRIPs Protocol" from the perspective of international intellectual property protection of traditional Chinese medicine traditional Chinese medicine pharmaceutical analysis found that the international protection of intellectual property rights and legal protection has formed the basic framework,but not yet have a clear detailed specific and strong binding legal provisions,many effective international convention,only established protection of biodiversity and cultural diversity,genetic traditional Chinese medicine resources,knowledge and technology in the basic principles of the acquisition,use and share interests,but did not provide planning,effective measures and mechanisms can be directly introduced.This is not enough to provide comprehensive and powerful support for the international protection of intellectual property rights of traditional Chinese medicine in the international environment.The EU has consolidated the market by simplifying the cooperation agreement of regional intellectual property rights,simplifying the application and registration of intellectual property,and authorized and registered intellectual property rights,it will be protected in the 28 member states of the European Union.In addition,the EU has also developed a European Union certificate system for drug supplement protection,which has extended the patent life of the drug.The United States attaches great importance to its own interests and constantly amends the system of intellectual property protection in order to adapt to the changes in the international situation.The United States has also adopted a series of special protection policies on drugs to encourage the development and development of new drugs in the country.Japan is the most successful country in implementing intellectual property strategy in the world.By improving the legal system,judicature and administrative law enforcement,and strengthening the awareness of universal law-abiding,we have gradually realized the national strategy of "intellectual property rights establishing the country".Japan is the first country to implement new plant variety protection system in Asia.In addition to providing patent protection for plants,the "seed and seedling law"has been established.China's existing patent law,trademark law,copyright law and anti unfair competition law and other systems protect the intellectual property rights,but only the regulations on the protection of traditional Chinese medicine is a special system for the intellectual property rights of traditional Chinese medicine.Due to the particularity of traditional Chinese medicine and the shortcomings of the current system in terms of protection and approval procedures,we can't protect intellectual property rights such as patent right,trademark right,copyright and trade secret.At the same time,there are some problems in Chinese medicine industry,such as lack of awareness of intellectual property protection and the uneven development of intellectual property rights at home and abroad.In addition,the national standard involves only the intellectual property management in "cooperation",and the lack of national standards for the management of intellectual property rights in international scientific and technological cooperation.The guide to the management of intellectual property rights in the field of health and family planning in the capital is to strengthen the management of the intellectual property rights of traditional medicine in international cooperation,and the knowledge production of the Chinese Academy of Sciences.The management of intellectual property rights in international scientific and technological cooperation is more comprehensive in the construction of the right management system.3.Case analysis of intellectual property rights of international scientific and technological cooperation of traditional Chinese MedicineThe inspiration from artemisinin case is that we should focus on the layout of intellectual property rights around a core patent,maintain the leading edge of technology,gain monopoly position and pursue long-term benefits,which is a long-term and global work.In the case of Tianfu Cola enlightenment is:to strengthen the national brand protection consciousness of intellectual property protection,wary of the name of foreign enterprise cooperation and win-win "under the banner of the use of capital means to destroy the national brand,enhance risk awareness and defensive ability,avoid foreign occupation originally belong to the national brand market share.The pursuit of the brand is to protect the national brand as the starting point,the political level is far higher than the economic level.4.Suggestions on intellectual property management system of international cooperation in science and technology of Chinese MedicineFrom the five aspects of improving the legal system of intellectual property rights of traditional Chinese medicine,establishing the intellectual property management system of traditional Chinese medicine institutions,drawing on the experience of the developed countries,improving the intellectual property consciousness of Chinese medicine researchers and the terms of intellectual property rights in the cooperation agreement,this paper expounds the suggestions on the intellectual property management system of the international scientific and technological cooperation of traditional Chinese medicine.Put forward the regulations on intellectual property management of international scientific and technological cooperation of Chinese medicine in scientific research institutions(Draft).It will provide reference for the construction of intellectual property management system in the international scientific and technological cooperation of Chinese medicine.