The Administrative Protection System In The Field Of Traditional Chinese Medicine’s Intellectual Property

As the “quintessence of Chinese culture”, traditional Chinese medicine has beenwidely used in China over a thousand years. Over the past decade, with theaccelerated pace of China’s reform and opening up, China’s legal system has beencontinuously improved, and the patent protection laws and regulations have beenformulated successively, at this time, the industry related to traditional Chinesemedicine entered a golden period of development. But this is accompanied by theincreasingly obvious patent protection problem of traditional Chinese medicine. Astraditional Chinese medicine has a particularity, and cannot well fit with modernpatent system, not only some precious traditional knowledge of Chinese medicinecannot act as the object of the patent protection system, but a lot of innovations ofmodern traditional Chinese medicine cannot be fully protected under the patentprotection framework.Starting from the concept and protective range of the intellectual property oftraditional Chinese medicine, this article listed existing protection systems fortraditional Chinese medicine in China and related foreign policies. With the method ofcomparative study, this article has intensively demonstrated the necessity of executivepower to be involved in the current intellectual property protection system of thetraditional Chinese medicine, and innovatively put forward preliminary ideas andspecific methods for the establishment of intellectual property administrativeprotection system in the field of traditional Chinese medicine. For the traditionalknowledge of Chinese medicine, this particle proposed to establish a registration andrecord system as well as the prior consent system; and this article put forwardbuilding patent infringement identification standard suitable for Chinese medicine,which provides new ideas to solve the problems currently faced by the field oftraditional Chinese medicine.In the Patent Law of China, when a significant impact on the national or publicinterest is considered to be existed, there may be a structural system that thegovernment actively gets involved and intervenes. Because wide application hasimportant effects on the right of life and health of the public, the patent of traditional Chinese medicine obviously meets this requirement. It’s believed that under theintervention of the administrative power of the government, the relevant academictheory level, and even the international competitiveness of traditional Chinesemedicine in China will produce qualitative change and leap, and China is expected tobe a country with real intellectual property of traditional Chinese medicine.