Research On Chinese Medicine Patent Protection In China

Represented by traditional Chinese medicine, the traditional medicineindustry in our country has comparative advantage force to participate ininternational competition. For a long time, the protection of traditionalChinese medicine (TCM) is the constant assertion of the medical profession,meanwhile, Legal science area also put forward some suggestions aboutmodification of the patent law and other legislation for the protection ofintellectual property rights from the macro level of traditional Chinesemedicine (TCM), there are many censures about Defects of the patent law,which has been the general attitude of legal science area to traditional Chinesemedicine industry. However, with internationalization and modernization oftraditional Chinese medicine industry, Academic circles start to rethink: Doesthe modification of patent examination standard for traditional Chinesemedicine (TCM) have legislation legitimacy and rationality implementation?Whether the patent protection is the best way to preserving Chinese traditionalmedicine or not? How to solve the problem of local internationalization oftraditional Chinese medicine patent excessively weak protection? This seriesof confusion is indicated that the herbal medicine is facing the dilemma forlack of intellectual property legal way. This article begins from the meaningof the protection of intellectual property rights of TCM, the TCM basic theorysuch as the concept and scope of patent protection, Then it analyzes thepresent situation and existing problems of traditional Chinese medicine patentprotection, After that it references a few foreign country’s experience ofpharmaceutical patent protection, Finally the article puts forward thesuggestions of perfecting our country’s traditional Chinese medicine patentprotection system.The article is divided into four parts:The first part introduces the basic theory of traditional Chinese medicinepatent protection, briefly expounds the concept and meaning of Chinesetraditional medicine intellectual property protection, and puts forward further analysis of the concept and scope of patent protection.The second part analyzes the international treaties and the domesticcurrent situation of the current law of traditional Chinese medicine patentprotection, and puts forward a series of problems in the process of traditionalChinese medicine patent protection in our country.The third part introduces the pharmaceutical patent protection legalsystem of the United States, Japan, Germany and South Korea and othercountries, and illustrates the enlightenment of completing the system oftraditional Chinese medicine patent protection law in our country from foreigncountries’ experience.The fourth part puts forward the Suggestions of perfecting our country’straditional Chinese medicine patent protection system. Which includingadjustment of traditional Chinese medicine patent review standards, establishstandardized Chinese medicine patent protection mode, take the Chinesemedicine effective part of the infringement as a standard, strengthening thecoordination of administrative protection and patent protection of traditionalChinese medicine and improving awareness of traditional Chinese medicinepatent protection.