Research On Patent Protection & Application For Traditional Chinese Medicine

With the development of global economy,the competition of comprehensive national strength is tightly linked with science and technology achievements in a country.As the most favorable social protection of intellectual achievements,the patent law system is a conservation hot spot which each country must pay special attention to.In the meanwhile,traditional Chinese medicine as a treasure of ancient medicine and pharmacy is a huge intellectual achievements which protection is needed by the strictest protection of modern intellectual property system.However,due to China's traditional medicine for a long time do not pay enough attention,and our country in the field of medicine technology,traditional medicine resource in our country is the United States,Japan,Korea and other developed countries want only plunder,back to their research and development,strict protection by patents as private rights,makes the traditional medical resources belong to our country into the suction gold weapon of developed countries,and even the emergence of traditional medicine to use the results of originated in China,but other countries need to ask for permission.There are many scholars hold negative attitude to protection of traditional medicine with traditional medicine patent,in ancient books,ancient and classical medical books,coupled with the traditional medical treatment interrogation doctrine itself to individual look and smell,an antidote against the disease as the center,ingredients,dosage of individual differences has at any time to change is not suitable for traditional Chinese medicine intellectual property,especially the patent the protection of the right to development and industrialization.In this regard,this paper took a different view.Traditional Chinese medicine is a major feature of Chinese medicine,western medicine,due to the strong impact of the traditional Chinese medicine pharmacy,market share has been reduced to almost out of the market.For the revitalization of traditional medicine,the state has issued a number of policy calls for strengthening the research,to enhance the market share of traditional medicine.In the system of legal protection of the patent protection for the technology,is undoubtedly the most comprehensive.The use of patent protection of traditional medicine and technological achievements,the market strong economic benefits of industrial production after will be the biggest incentive of traditional Chinese medicine and traditional medicine practitioners and technical personnel.From the macro policy and national guidance on the patent system better and traditional medicine combined with traditional Chinese medicine is the right direction to the revival of the road.Based on social background,the China patent search network survey data,and the latest domestic and International Symposium on research results of this paper,mainly separated in four aspects.The first part of the present domestic and foreign traditional medicine patent(especially Chinese medicine patent and patent medicine)of the application and authorization of the collection,statistics and analysis of comprehensive explanation necessary;second part of traditional knowledge elements in traditional Chinese medicine patent examination among the third part in view of the traditional;especially the particularity of pharmaceutical patent protection more difficult for traditional Chinese medicine compound patent infringement cognizance standard of the status quo,pointing out the existing drawbacks of China's patent protection system of traditional medicine,the retention and adaptation of the existing international patent examination system,but the traditional medicine patent infringement is special necessary modification of standard the fourth part;for a more detailed description of the other developed countries has achieved initial success in the traditional medicine patent protection and patent strategy,hope for the protection and use of traditional Chinese medicine patent legal help,improve the protection of Chinese traditional medicine patent level,and promote the progress of the cause of traditional Chinese medicine and traditional medicine the modernization and internationalization of the goal.