The Legal Analysis Of The Patent Infringement Case Of Tasly V.Wancheng

The Chinese medicine as the traditional medicine of China, is the Crystallization that the Chinese people with collective wisdom applied the natural medicine for thousands of years, In recent years, with the emergence of the "return to nature," people began to attach the importance to the traditional Chinese medicine. The Traditional Chinese medicine has slowly converged with the advanced science and technology, with international standards in terms of theory, clinical trials, or the research of the formulation or preparation,and gradually has realized the modernization and internationalization of the Chinese medicine. However, the ability of independent innovation and the awareness of the patent protection is weak, and it does not have the development capabilities to complete with the International pharmaceutical market.Due to the historical reasons, the Chinese medicine enterprises lack awareness of intellectual property protection, the professional organizations and personnel that related with the patent protection of the Chinese medicine are very lack. Combined with long-established recipe ideas, the innovation of traditional Chinese medicine is lack, enterprises are unwilling to invest in research and intellectual property protection. On the other hand, the reality of patent protection system is built on the basis of western medicine, which was influenced by the West, is difficult to meet its own characteristics, therefore, the patent system and the real level of development of Chinese medicine techniques form a great obstacle to patent protection.The first patent infringement case of traditional Chinese medicine as an example in this paper, the author analysis the situation of Chinese patent law about the Chinese medicine, studies the problem of the Chinese medicine patent protection with the focus of the case, such as the patent medicine "Three" problem, the scope of protection, infringement found, the file written and so on.though the case revealing the difficulties and shortcomings of Chinese medicine patent protection, I sum up the inspiration and experience that the case brings us, and on this basis, improve the medicine’s patent protection on the legal system.