In Pharmaceutical Intellectual Property Protection Issues And Measures

The purpose that this text studies lies in probing into and solving the problem that our country exists in intellectual property protection of traditional Chinese medicine . Traditional Chinese medicine is the quintessence of Chinese culture of China, it is a rarity of the Chinese culture, the traditional Chinese medicine industry is the important component of the economy of our country. In the course of development of traditional Chinese medicine , the intellectual property right is playing a very important role. As the international repercussions of traditional Chinese medicine were expanded day by day, a lot of countries have stepped up the research and development to traditional Chinese medicine . Because the traditional Chinese medicine intellectual property right protection system of our country starts relatively late, the running off of a large number of traditional Chinese medicine intellectual property rights has already made me feel the crisis survived and developed in the traditional Chinese medicine industry for the first time. In view of this, I have put forward one's own view on the intellectual property protection existing problem of traditional Chinese medicine and countermeasure of settlement. This text divides five chapters altogether.Chapter one: Set up the necessity of the legal protection system of intellectual property right of traditional Chinese medicine and legal basis. This chapter is told from the characteristic of traditional Chinese medicine first,has analysed whether traditional Chinese medicine can be protected;Secondly,explain traditional current situation of traditional Chinese medicine , is it feel bitter to protect yet to most traditional Chinese medicine intellectual property right ;Moreover, have put forward the advantage that traditional Chinese medicine has and importance to national economy, point out that traditional Chinese medicine has wide development prospects ; Then chapter this expound the fact set up domestic and international legislative state , traditional Chinese medicine of intellectual property protection emphatically.Chapter two: The extant obstacle of the traditional Chinese medicine intellectual property right legal protection and pros and cons analysis. Have analysed that brings traditional Chinese medicine within the obstacle , pros and cons of intellectual property protection. Through proving, point out that traditional Chinese medicine is a kind of intelligence property that should be protected and can be protected with the legal system of the intellectual property right, but very great obstacle exists under existing knowledge property relations.Chapter three: Current situation and deficiency to the traditional Chinese medicine intellectual property right legal protection of our country. Protect two respects to prove from legal protection and administration of intellectual property right, propose that it is necessary to probe into the way newly to protect.Chapter four: Intellectual property protection countermeasure of traditional Chinese medicine . On the basis of proving above,have proposed protecting the countermeasure. Mainly fully utilize and perfect the existing legal system of intellectual property right, propose utilizing geography to mark the protection system constructivly at the same time,domestic,international protective measures,such as collective management system of traditional Chinese medicine,strengthening legislating and coordination and cooperation of seeking international intellectual property protection,etc..Chapter five: Conclusion. Carry on the survey of sense of principle to the main view in the article, look forward to the intellectual property right legal protection of traditional Chinese medicine.