Research On The Protection Of Intellectual Property Rights In Traditional Chinese Medicine Processing

The processing of Chinese medicine is a unique "valuable asset of the most independent intellectual property value",which is unique to the Chinese nation.To protect traditional Chinese medicine processing and promote the development of traditional Chinese medicine is inseparable from the support of intellectual property rights.Although the processing of traditional Chinese medicine is a traditional knowledge,it is rejuvenated.Traditional Chinese medicine processing is characterized by its unique theory,value orientation,way of thinking and development rule of TCM,and its characteristics of clustering,inheritance and complexity of protection.It is theoretically necessary to protect intellectual property in traditional Chinese medicine.In practice,the transformation of the production of traditional Chinese medicine and the demand for the protection of the resources of the processing of the resources made it feasible to make the intellectual property of the traditional Chinese medicine.At present,traditional Chinese medicine intellectual property protection in our country,facing the "three properties"strict examination standards,high application cost,and harsh,It is difficult to identify the infringement in the implementation of the patent.Business secrets are difficult to determine whether there are differences in protection,loose protection structure,passive protection of business secrets,and difficult to identify the infringement.Since the ancient medical books are far from the public and are unable to investigate the author,they can not obtain copyright protection and are exploited by foreign countries without compensation.To solve these problems,in the processing of Chinese medicine patent protection,China should weaken the patent "three difficult features",lower the examination difficulty,reduce the cost of patent applications,to create the electronic database of traditional Chinese medicines,focusing on patent disclosure and the construction of the national traditional Chinese medicine patent net strategy.In terms of business secrets,it is necessary to agree on all sides' opinions,and agree on the protection of traditional Chinese medicine processing business secrets.We should apply for patents while protecting some special parts of business secrets.On the copyright side,we should use collective management system to overcome the short comings of traditional Chinese medicine processing groups characteristics,some ancient books are old but has the development value also included in the scope of protection of copyright,on the basis of these,we need to improve the processing of traditional Chinese medicine intellectual property protection supporting mechanism.With the help of the protection of intellectual property,the development of Chinese medicine processing industry will be promoted.