Study Of Chinese Medicine Patent Protection Laws

Chinese traditional medicine is one of the treasure of Chinese culture. Patent protection of Chinese traditional medicine is the requirement not only for preventing immateriality assets possessed without payment but also for keeping pace with times and constant innovation. With the gradual improvement of the intellectual property system in China, medicine products begin to be given patents and the legao protection for medicine is strengthened. However, due to the peculiarity of Chinese traditional medicine, the present system and regulations to protect Chinese traditional medicine intellectual property are not good enough. This paper discusses some problems of patent protection of Chinese traditional medicine so as to give some helpful sugguestion.This paper includes four sections:The first section analyses rationality of patent protection of Chinese traditional medicine, simply reviews the general theory of patent and states the significance of patent protection of Chinese traditional medicine.The second section completely discusses the recent situations of the protection of Chinese traditional medicine by patent and points out the misunderstanding and the shortages of the patent protection.The third section analyses the difficult points and problems of the patent protection of Chinese traditional medicine: the problem of disharmony among the rules of law protecting Chinese traditional medicine intellectual property, the probem of standardization of Chinese traditional medicine, the obstructions of applying patent for Chinese traditional medicine and the dificulty of cognizing patent offending.The last section gives helpful measures and suggestions according to the current problems in the Chinese traditional medicine law system.