| Among four traditional medicine systems in the world , Only Chinese herbal medicine has systematic theories , abundant clinical experiences and vast medical documents and all are preserved completely . After it experienced several thousand years' development , Chinese herbal medicine formed integrated theories systems gradually , consummate medical technique, and has a distant source and a long stream, broad and profound , far-reaching influence and glorious tradition . In trend of 'return nature', Chinese herbal medicine find favor in more and more people's eyes. It can strengthen our national sense of pride, and has more stronger core competencies to control the medicine market. So it's particular important to protect its heath development. We control the source of Chinese' herbal medicine industry, only 1000 Chinese herbal medicine patents were applied abroad , but some foreign companies have up to 10000 patent applications in China, and these foreign patents are 80% of our medical high-tech . This cant's commensurate with the position of strong country in herbal medicine. More than 1000 herbal medicine patents developed , researched and perfected by ourselves were applied anticipated by other country. The present situation of original Chinese herbal medicine materials, such as mint, gingko etc., are the same embarrassed . The loss of intelligent property right (IPR) in Chinese herbal medicine has been shocking very much. It's very urgent to enhance to protect intelligent property right in Chinese herbal medicine. So we should study how to protect research Chinese herbal medicine in time in order to prevent Chinese herbal medicine following in gunpowder 's footsteps.The paper is consisted of there parts.Part I Value analysis to protection of intelligent property right in Chinese herbal medicine in China: I expound the historical and present situation on the development of Chinese herbal medicine first, then I expound the far-reaching significance to protect intelligent property right in Chinese herbal medicine.Part II Present situation analysis and existing problems on protection of intelligent property right in Chinese herbal medicine in China : First, I analyse the present situation on patent protection, trademark protection, copyright protection, administration protection, anti-unfair competition protection of Chinese herbal medicine and frontier protection of intelligent property right and so on. Second, I analyse the problems on protection consciousness on protection of intelligent property right in Chinese herbal medicine, on law system of intelligent property right Chinese herbal medicine, on organization and talent onprotection of intelligent property right in Chinese herbal medicine and so on.Part III Suggestion on protection of intelligent property right in Chinese herbal medicine in China: Some new viewpoints of the paper are in this part. This part is consisted of four fields: A, to perfect protection system of intelligent property right in Chinese herbal medicine in China: When we'll revise law on intelligent property right next time, I suggest to perfect the definition of "there characteristics" of Chinese herbal medicine invention and the infringement and indemnity system of patent in To suggest to give trademark registration of Chinese herbal medicine preferential policy, and to provide for the script and its comparisons of drugs' brand name and common name on package of drugs by < law on trademark >nd so on ; I suggest to protect the copyright of someone who collected ,copied and sorted out the original documents about Chinese herbal medicine in < law on copyright > To draw up < protection law on business secret >s soon as possible, make clear the definition of business secret, and provide for security obligation of government by < protection law on business secret > At last, to suggest to perfect the law of procedure on intelligent property right and so on.. B, Government should support the protection of IPR intelligent property right in Chinese herbal medicine: Our Chi... |
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