Research On Legislation Of International Protection For Traditional Medicine

Affected by the penetration and spread of Western Culture,the traditional culture and way of life are progressively marginalized,and some even at the age of extinction.As one of the symbols of traditional culture of China,Chinese Traditional Medicine can not escape the situation of being marginalized and improper possession,frequently encountered infringement and destruction,which seriously endanger its own existence and development.As a kind of valuable information,traditional medicine is always appropriated in the form of patent by developed countries and this phenomenon become more and more serious,this led to a strong desire of developing countries for the protection of traditional medicine.Although the protection of traditional medicine has become a trend in the international,there are two factions holding different views about how to protect traditional medicine.Some developing countries,on behalf of India and Brazil believe that,it is necessary to incorporate traditional medicine into subject of negotiations of intellectual property,because the existing intellectual property system can not provide an adequate and effective mechanism for the protection of traditional medicine.But the developed countries based on USA states that,the existing intellectual property system is sufficient to provide protection for traditional knowledge,and insist that domestic legislation should prior to formulating international treaties.Such as some of the American scholars do not propose the establishment of a new system but extends the patent system to the field of protection of traditional knowledge.In view of the developed countries holding diametrically opposite positions on the issue of the protection of traditional knowledge with developing countries and it is also difficult to reach a unified standpoint,it has become one of the measures taken in developing countries to build a comprehensive domestic legal system for protection of traditional medicine.For the purpose of building legal system of Chinese Traditional Medicine,the article explains the basic connotation of traditional medicine and the provisions of relevant international treaties and organizations on traditional medicine.Second,the article analysis the legal measures to the protection of traditional medicine taken by the typical countries in the world and learn the successful experience from them.This article also proposed some legal suggestions for improvement about how to protect Chinese Traditional Medicine to bring some enlightenment to the construction of the Chinese traditional Medicine system of legal protection.