The Difficulties And Countermeasures Of Intellectual Property Protection Of Traditional Chinese Medicine

As an excellent traditional culture of the Chinese nation,traditional Chinese medicine not only has a curative effect on treating diseases,but also has significant effects on toxic and side effects,and it has a good health care effect.It has been favored by the international community in recent years.For this reason,some in the world The developed countries plundered China's traditional Chinese medicine resources for various reasons and excuses,carried out simple processing and transformation and then applied for patents,and then sold them to China at high prices.At the same time,because China's intellectual property protection system has been transplanted abroad,it has not fully considered the actual situation in China,especially in the patent protection of Chinese medicine,ignoring the particularity of traditional Chinese medicine,and adopting the same review standards as Western medicine and other chemical products,resulting in A large number of Chinese medicines cannot be included in the scope of patent protection.Traditional trade secret protection,in today's technologically advanced,the drawbacks are becoming more and more prominent,and it is increasingly unable to meet the requirements of right holders.On the one hand,it has cracked down on the innovation of Chinese medicine and related personnel.R&D,on the other hand,has led to a large loss of Chinese medicine resources,resulting in huge economic losses.This article begins with the basic theory of traditional Chinese medicine,introduces the definition and characteristics of traditional Chinese medicine,the scope and method of protection of traditional Chinese medicine,discusses the necessity of intellectual property protection of traditional Chinese medicine by case method,and secondly analyzes the knowledge of traditional Chinese medicine from institutional design and judicial practice.Obstacles in the protection of property rights;again,through the investigation of domestic and foreign,the analysis of the points worthy of our country's reference;Finally,in view of the existing obstacles,combined with the theory of the appropriate protection of Chinese medicine property rights in the history of China and abroad,in the legislative and judicial Some aspects put forward suggestions for improvement.