Research On Patent Protection Of Traditional Chinese Medicine In China

Traditional Chinese medicine is a national treasure of our country and has special significance to our Chinese nation.For thousands of years,the Chinese nation has formed today's TCM medical system in the fight against disease.It is the condensed product of ancient people through long-term accumulation.It has made outstanding contributions to the survival and development of the country,society,and humankind.After preliminary research and certification,Chinese medicine has a significant effect on the treatment of some difficult diseases.Therefore,Chinese medicine has received great attention and development at home and abroad.At present,Chinese traditional medicine enterprises have low pharmaceutical technology and do not pay much attention to the protection of traditional Chinese medicine.Many international pharmaceutical companies use their advanced technology to study and excavate Chinese medicine in China,and register many patents on traditional Chinese medicine,which our country suffer great losses.Due to the insufficient protection of Chinese medicine and the backward research and development technology of Chinese medicine,the development of Chinese medicine enterprises in China has been severely hindered,and the situation of domestic Chinese medicine industry has suffered.Therefore,how to better develop the Chinese medicine industry in China is an urgent problem to be solved.This paper takes artemisinin patent protection as the entry point,through the artemisinin patent protection problems to reflect the Chinese medicine patent protection problems.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is an overview of patent protection of traditional Chinese medicine.First of all,whether Chinese medicine can be protected with patents for a brief analysis,through the analysis can be determined with patent protection and then explain how to protect with patents,how to better protect Chinese medicine with patents.Then the comparative advantages of patent protection mode of traditional Chinese medicine are briefly analyzed.Through the discussion of trademark protection,trade secret protection and patent protection of traditional Chinese medicine,the limitations of trademark protection and trade secret protection oftraditional Chinese medicine are pointed out,and the advantages of patent protection otraditional Chinese medicine are highlighted.Finally,the significance of the construction of patent protection mechanism of traditional Chinese medicine is analyzed,which paves the way for the further discussion of patent protection of traditional Chinese medicine below.The second part is to take artemisinin patent protection as an example to analyze the deficiency of Chinese medicine patent protection in China.Firstly,the background of artemisinin discovery and the history of artemisinin drug production are briefly described,then the patent protection status of artemisinin drug is briefly analyzed,and the problems of patent protection of traditional Chinese medicine in China are reflected through the problems existing in artemisinin patent protection.The third part is the legislative evaluation of the patent protection of foreign traditional medicine.In this part,the author analyzes the status quo of American and Indian legislation on patent protection of traditional medicine.his paper probes into the status quo of Japanese and Korean legislation in civil law system.Through comparative analysis of their strengths and weaknesses in legislation,for China's patent protection of traditional Chinese medicine to provide a mirror.The fourth part is the suggestion to protect Chinese traditional medicine patent.First of all,some suggestions are put forward for the protection of traditional Chinese medicine theory and classical ancient prescription,and then some views are put forward on the protection of traditional Chinese medicine production technology.Finally,some ideas about the international protection of Chinese medicine patents are made.To the Chinese medicine patent domestic and the extraterritorial protection makes a whole idea.