A Research On The Protection Of Intellectual Property Rights Of Traditional Chinese Medicine

Chinese medicine is the crystallization of wisdom of the Chinese nation for thousands of years.As early as in oracle bone inscriptions of Yin Ruins,the words about Chinese medicine knowledge were recorded.Because of our unique geographical environment,warm and humid monsoon climate,densely distributed biological resources,rich in Chinese medicine resources.Internationally,the "Chinese medicine fever" continues to heat up,and the concept of "natural green,returning to nature" has gradually entered the hearts of the people.Generally speaking,the development of drugs needs to be done through selection,trial and trial operation.It will take decades,and it will cost a lot of manpower,material and financial resources.As a result of human intelligence,traditional Chinese medicine should protect the commercial value arising from the process of saving lives.How to make full use of the intellectual property system to protect the intellectual achievements of TCM is a common understanding nowadays.However,Chinese medicine is different from western medicine,which determines that Chinese medicine is difficult to get the effective protection of the existing intellectual property system.China's traditional Chinese medicine was heavily developed and applied for its own patent by foreign capital and advanced technology,resulting in a large number of Chinese medicineinvisible assets outflow.The survival and development of Chinese medicine are facing a threat.In view of the above,the author believes that how to fully and effectively use the existing intellectual property system to protect and promote the continuous development of traditional Chinese medicine is a practical and complex problem,and it is worth studying carefully.This article first defines the related concepts of traditional Chinese medicine,including the identification of traditional Chinese medicine,traditional medicine and traditional knowledge,as well as the comparison of traditional Chinese medicine and traditional Chinese medicine.The purpose is to let the readers have a preliminary understanding of Chinese medicine.Then,the concept of intellectual property of traditional Chinese medicine is defined,some characteristics of the intellectual property of traditional Chinese medicine are analyzed,and the necessity of the protection of intellectual property of traditional Chinese medicine is discussed in detail.Secondly,it analyzes and summarizes the protection of intellectual property rights of traditional medicine in India,Japan and South Korea and international conventions.From the perspective of intellectual property law,the author discusses the characteristics of these countries' construction of their own traditional medicine protection system,laying the groundwork for perfecting the protection system below.Thirdly,this paper analyzes the existing problems in the protection of intellectual property rights of Chinese medicine.Mainly from the perspective of patents,trademarks,geographical indications,business secrets and copyright analysis.This will pave the way for perfecting the intellectual property protection system of Chinese medicine.For convenience of analysis,the author cites some icons and data from other papers.Finally,this article provides suggestions and Countermeasures for the protection of intellectual property rights of Chinese medicine.Mainly from the angle of patent,the angle of trademark,the angle of geographical indications,the angle of business secret and the angle of copyright,it provides the suggestions for the protection of the existing intellectual property.At the same time,this article also puts forward some suggestions for the internationalization of Chinese medicine.By improving the competitiveness of Chinese medicine in the international market,we will protect excellent traditional medicine knowledge.