The Feasibility Study On Traditional Chinese Medicine Prescriptions Applicable Copyright Protection

Traditional Chinese medicine, an important part of excellent Chinesetraditional culture, is the best preserved traditional medicine to date in theworld. Protecting the intellectual property of traditional Chinese medicine,which is an important measure to promote the development of traditionalChinese medicine, is the basic guarantee for promoting traditional Chinesemedicine to the world as well as an important national strategy to defendWestern "cultural invasion" and safeguard the country's cultural sovereignty.Traditional Chinese medicine prescription t is the core content in traditionalChinese medicine; therefore, research on how to protect its intellectualproperty rights is of great value.Chapter1gives a definition of prescription of traditional Chinesemedicine and then discusses its features in the historical heritage, nationallocality, accumulation of experience, clear integrity, and being open andclosed, and coexistence of being public and private. It also introduces andanalyzes the harsh reality that the intellectual property protection oftraditional Chinese medicine is facing.Chapter2analyzes the feasibility of traditional Chinese medicineprescription to be the object of copyright protection in terms of the conflictsbetween copyright theories in the West and traditional Chinese culture andtaking China's copyright laws into account. The definition, rights of copyright,and the perfection of the legislative process all prove that traditional Chinesemedicine prescription can become a product. The expression of traditionalChinese medicine prescription conforms to the expression form of constituentelements of a product. The characteristics of traditional Chinese medicineprescription enable there to be stability and reproducibility in the process ofchange, and originality in the process of inheritance. The expression does notviolate the principle of "idea/expression dichotomy" and "unique expression".This chapter also reveals the limitations of patent protection and commercialsecret protection when protecting traditional Chinese medicine prescription.Therefore, there is feasibility and necessity in copyright protection oftraditional Chinese medicine prescription. In addition, by comparing traditional Chinese medicine prescriptions and computer software, the opensource computer software in modern information society with features suchas being open and interactive has a lot of similarities to traditional Chinesemedicine prescription. In the application of the copyright protection, thereexists cross reference. The latter's model of intellectual copyright can providevery good references for the copyright protection of traditional Chinesemedicine prescription.Chapter3introduces the successful experience in countries such asThailand and Costa Rica in intellectual copyright protection in terms of theirtraditional recipes and traditional culture, which can be used for reference toprotect Chinese traditional medicine prescription.As an important part of traditional knowledge, the intellectual propertyprotection of traditional Chinese medicine prescription and other traditionalmedicine should respect the characteristics of traditional culture, and refer tothe protection model of traditional knowledge. Finally, the article discussesthe countermeasures to protect traditional Chinese medicine prescriptionbased on analyzing the establishment of "limited copyright" and other specialprotection systems, the establishment of traditional Chinese medicineprescription registration and grading management system, construction oftraditional Chinese medicine database and standardization system oftraditional Chinese medicine, and the integration of the means of trade secretprotection.