Traditional Chinese Medicine Companies Patent Protection And Varieties Protection Research

Along with the development of modern science and technology, for the cycle ofchemical drug screening of new drugs is getting longer and longer, the developmentbecomes more and more difficult, more and more people are turning to traditionalChinese medicine this natural medicine.1990s, the annual international sales ofnatural medicine quickly to the rate of ten per cent growth each year about70%ofpeople treated with herbal medicine or health care.Chinese medicine is a treasure ofour country, is the crystallization of the ingenuity of the Chinese nation for thousandsof years in traditional Chinese and an important part of world civilization.China is thebirthplace of traditional Chinese medicine, Shen Nong tasted a hundred herbs to theQin dynasty fifty-two ward, to the Ming Dynasty set out to put60,000kinds ofUniversal Relief, we have more than12,000kinds of resources and more than4000kinds of Chinese medicine formulations.In this international situation and the goodadvantages context of China’s traditional Chinese medicine industry should become asunrise industry, the inevitable should promote the development of a large number ofChinese enterprises, and however, this is not true.While in traditional Chinesemedicine theory and talents, we have a great advantage, but there is a big gap betweenthe developed countries on the use of intellectual property rights, management, andprotection awareness and ability. Many foreign enterprises in the field of Chinesemedicine research is not only unique, but also the abuse of intellectual property rights,and actively carry out the layout of the traditional Chinese medicine patents in thefield of our areas of strength in traditional Chinese medicine has been and continuesto pay a heavy price.In order to deal with this situation, our efforts are constantly in the formulation ofthe legal system since1992, after the Patent Law Amendment, China, the realexistence of a parallel situation two types of protection for traditional Chinesemedicine, that the general protection of intellectual property and traditional Chinesemedicine special protection of traditional Chinese medicine. General protection ofpatent protection and special protection of traditional Chinese medicine TCMprotection system is the most important but also the two most common system oftraditional Chinese medicine the field of intellectual property protection, this paper,starting from these two systems, through the enterprise of modern Chinese medicine and traditional Chinese medicine enterprises patent status of the application as well asvarieties of Chinese medicine conservation status of the investigation, to identifythese two systems and enterprises in the use of the two systems, there is a problem,and put forward suggestions and countermeasures to solve the problem.The first part of this paper includes an overview of the two parts of the Chinesemedicine meaning defined in the article as well as our existing Chinese intellectualproperty protection mode. The first is to define the meaning of the object of this studytraditional Chinese medicine. Chinese medicine concept epitaxy limit, determine theobject investigate the basic meaning, laid the cornerstone for the following problemsexplore. The second is an overview of the existing Chinese medicine in Chinaintellectual property protection mode at the same time to determine the focus of thisstudy, including traditional Chinese medicine patent protection system and TCMprotection system.The second part of this paper is the status of Chinese medicine patent protectionand TCM protection investigation, the authority of the results of the vote by thetraditional Chinese medicine industry summit in2010, and select pharmaceuticalcompanies in the top10and modern traditional Chinese medicine enterprisesIndustry,10of its patent applications, TCM protection amount statistics,concluded that the two systems, there are a lot of problems, but also has its ownadvantages, is essential to the development of Chinese medicine enterprises, bothshould be modified in order to coordinate the development.The third part is the depthof the problems the two systems. Patent protection system for traditional Chinesemedicine, from the system level and the corporate level of analysis, on the one hand,patent protection system with Chinese medicine does not fit; the other hand, theenterprise itself, there are a lot of problems in awareness of patent protection has beenthe use of patent rules. TCM protection system, the problem is mainly on the defectsof the system itself, this paper also carried a nuanced analysis, and the abolition of thesystem are discussed.The last part of this paper is to discuss the problems of these two systems. Forthe second, the third part of the problems targeted recommendations. First, Chinesemedicine patent protection system, divided into the recommendations of the nationallevel and the enterprise level. National level include the following: to build our ownChinese medicine patent examination standards; accelerate the collaborativedevelopment of of TCM standardization of traditional Chinese medicine patent protection; establish specialized agencies to improve the traditional Chinese medicinepatent protection. Corporate level include: enhanced patent protection awareness, andto improve the funding of patent management; increase patent protection efforts in theresearch and development process; strengthen the use of the patent rules. TCMprotection system, which needs the modifications to itself, including: explicitlyencourage innovative ideas of protection based on the particularity of Chinesemedicine; expand the protection of the rights body, clear the scope of rights and rights;clear TCM protection range of establish scientific evaluation standards; applicationand approval process is open, increase transparency; solve the conflict between theTCM protection and patent protection.