On The Nature And Protection Mode Of Traditional Chinese Medicine Intelletual Property

Since the resources of traditional Chinese medicine are precocious not only as the foundation for the existence and development of traditional Chinese medicine but also as a vital link of eco-system on which human beings depend for survival, the effective protection and scientific development and employment of the resources of traditional Chinese medicine are both contributing to the sustainable development of traditional Chinese medicine as well as the preserving of bio-diversity for the sake of environmental protection.The resources of traditional Chinese medicine are at stake in that the resources are facing the crisis of sustainable development and the challenge of damage of its bio-diversity. In recent years, with the global heat of traditional medicine and the progress of traditional medicine in China, the demand on the resources of medicine is on the rise. Owing to the lack of knowledge of proper and rational developing and employing of those resources, the overdevelopment and gathering of some varieties have exceeded their regenerating ability which have resulted in the declining and extinction of some strains. They have affected the development of traditional Chinese medicine and posed great threat to the eco-environment.In view of legal protection of the intellectual property right of traditional Chinese medicine, this thesis studies the approaches and methods for the legal protection of the intellectual property right of traditional Chinese medicine; from the angle of patent right, business security, trade mark and anti-unfair competition, the thesis points out the existing problems which include that the current legal systems are not sound enough and many important legal systems are not established yet; the establishment of legal system for the protection of the resources of traditional Chinese medicine has a long way to go for the reason that the businesses concerned lack the awareness of intellectual property right. All those problems affect the sustainable employment of the resources of traditional Chinese medicine.In order to solve the above mentioned problems, the current legal system for traditional Chinese medicine protection must be examined systematically. Only by studying the examination, considering the present situation of China and the resources of traditional medicine and by borrowing the valuable success experiences of foreign countries can China establish a sound legal system for the protection of those resources, clearly stipulate the protection principle of intellectual property right of traditional Chinese medicine and finally establish the sound legal frame work of the protection of intellectual property right.