Strategic Analysis Of Intellectual Property Protection Of Traditional Chinese Medicine

Traditional Chinese Medicine (TCM) is one of our extraordinary national treasures, which is an essential ingredient of Chinese traditional culture. As a superior traditional industry, TCM industry has made great contributions to the national economy and trade. To protect TCM under the intellectual property system is to set up a system to protect "private rights" in order to draw more attention to the sustainable utilization of TCM. It is an important measure to incorporate TCM in the intellectual property protecting system and affirm its legal status, since it is an effective method to respect the integrity and originality of culture and protect the diversity of culture.The present thesis develops from the angle of TCM, which is a special object in the present intellectual property system. Firstly, it exposes the current problems in the national intellectual property laws relating to protecting TCM, and puts forward the relevant improving measurements and suggestions, namely protecting the patent, the commercial secret, the local medicinal herb protected by geographical indication, and establishing the national legal system of protecting TCM, through a study and a comparative analysis of the current situation of protecting TCM by intellectual property, including patent protection, trademark protection, copyright protection, copyright protection, commercial secret protection and executive protection. Secondly, through introducing and analyzing the development and future tendency of TCM in the international market, the thesis presents some suggestions of the international intellectual property protection of TCM, including strengthening propaganda and international cooperation, establishing and spreading the international standard of TCM, setting up a modern TCM system, implementing the training of the international TCM intellectuals: Lastly, it draws a conclusion that we should incorporate the intellectual property protection of TCM in the national intellectual property strategies, and protect TCM from both the international and the national perspectives. The author of the present thesis attempts to draw more attention on the subject through the study in this thesis. Moreover, he wishes that the thesis could provide some valuable suggestions and ideas to the relevant organizations and enterprises.The intellectual property of TCM is a comprehensive subject. It requires an integrated system, which can be set up only by the perfect national legalization and the international cooperation and unity, to protect TCM properly.