Conflict Of Traditional Chinese Medicine Trade Secret Drug Industry Background

In the context of the industrialization of medicine, the modernization andindustrialization process of traditional Chinese medicine has speed up in recent years, andthe value of Chinese traditional medicine industry is nearly one-third of the grossindustrial output value of drugs. As with other applications and developments ofknowledge, traditional Chinese medicine industrialization can not live without the escortof legal system of intellectual property rights in knowledge economy.Including patents, trademarks, copyrights, unfair competition law, China has beenestablished a set of legal and administrative protection of IP system. However, theintellectual property system and Western medicine are imported from the west. Subject toits influence, Chinese company also tend to take the medicine with the same patentprotection of IP. Compared with patent, trade secret which is the traditional form ofprotection of traditional Chinese medicine, is not given the due attention. Due to its closed,no time limits, protection without the need for government departments authorized, tradesecret protection makes a lot of effective civil remedies and hospital preparation be saved,while protecting the traditional Chinese medicine secrets in the research and developmentstage, which have not applied for patents, will not be revealed. However, as a drug,traditional Chinese medicine is different from the ordinary commodity. If it wants to getinto the market, traditional Chinese medicine needs to get though the review of the Stateregulator. Drug regulators protect trade secret, at the same time, they focus on the reviewof drug safety, efficacy and quality controllability and opening, to take the public’sinterests, the right price and the right to life and health into account. Therefore, it is easy tosee that the form of trade secret protection of traditional Chinese medicine will certainlyface the challenges of a regulatory regime of the medicines. Conflicts between trade secretprotection of traditional Chinese medicine and drugs regulatory, not only exist at home,but also in the process of internationalization of traditional Chinese medicine.If not givethe conflict between the two a appropriate solution,there will be a direct impact on thelong-term development of Chinese medicine industry. The purpose of this article is just to explore how to balance the interests of all parties in the process of industrialization,modernization and internationalization of traditional Chinese medicine, coordinate theconflict, as well as to make suggestions for the internationalization of Chinese trade secretprotection of traditional Chinese medicine, via the study on trade secret protection oftraditional Chinese medicine and the regulatory regime.This paper is divided into five parts. Introduction mainly talks about the basicsituation of Chinese medicine, and through the introduction of Yunnan Baiyao leaks leadsto the body. Chapter I elaborate the concept and characteristics of trade secrets, and studyon the choice of trade secret protection of traditional Chinese medicine by comparing withpatent and administrative protection of traditional Chinese medicine. Chapter II introducethe drug regulatory system in China and compare with the United States at first, and thenjustifying the conflict with the regulatory regime is the essence of the conflict betweentrade secret protection of traditional Chinese medicine and rights to know, and finallyfurther extend the analysis of the conflict to traditional Chinese medicine on theinternationalization of trade secret protection. Chapter III discuss the conflict resolutionmethods in three dimensions of legal system construction system and politicalimplications from an overall point of view. And finally a summarizes the full text.