The Preliminary Research On Access And Benefit-sharing Of Traditional Chinese Medicine

Traditional knowledge has long been defined as a public knowledge before the adoption of the Convention on Biological Diversity, so some western countries, with the advantage of capital and technology, use those resources from developing countries and enjoys the exclusive rights of the inventions. Developing countries, which make an important contribution to the inheritance and development of traditional knowledge, not only need to take up the obligation to protect intellectual property rights, but also are difficult to share the benefits they deserve. In order to solve the unreasonable phenomenon of improper possession and free use of traditional knowledge, developing countries actively begin to pursue the protection of traditional knowledge, the Convention on Biological Diversity, the Bonn Guidelines,"Nagoya Protocol" were born, access and benefit-sharing has been in the practice in some countries, such an India, The Philippines, Costa Rica, Brazil and so on.Traditional knowledge of Chinese medicine is also facing the same problems, and how to understand traditional knowledge of Chinese medicine, to protect the essence of traditional Chinese culture, and to resolve international cooperation in access and benefit-sharing of traditional knowledge of Chinese medicine has been the urgent need to address the problems in the field of traditional Chinese medicine.This article will apply the regime of access and benefit-sharing to protect traditional knowledge of Chinese medicine, analysis the necessity from the value of traditional knowledge of Chinese medicine, improper occupation in domestic and foreign and limitation of our relevant existing protection system, analysis the feasibility from international conventions, legislation of some countries and Chinese government, through a clear knowledge of the subject of traditional Chinese medicine, object of traditional Chinese medicine, administration, access and benefit-sharing, legislative model to provide a reference to protect traditional knowledge of Chinese medicine.