The Intellectual Property Protection On The Internationalization Of Traditional Chinese Medicine

Traditional Chinese Medicine is the crystallization of collective wisdom of the Chinese Ethnic Peoples. It is not only China’s medical and health resources, but also China’s precious economic resources. With the increasing communications among countries, the knowledge of Traditional Chinese Medicine spreads all over the world. Meanwhile, as the development of globalization, the Chinese government has also made relative polices to encourage Chinese enterprises “going out”, while Traditional Chinese Medicine companies are one type of these enterprises. If Traditional Chinese Medicine companies would like to “go out”, to acquire economic profit that they deserve, to protect their intellectual property from violation, and to well play its role as an advantage industry of China, as they bring health to more people all over the world, they should pay more attention to the intellectual property protection on Traditional Chinese Medicine Industry both at home and abroad. Therefore, this article will explore the issue of how to address the intellectual property protection problem during the process of internationalization of Traditional Chinese Medicine industry.This paper will be divided to three parts, which are the introduction part, the body text part and the conclusion and further discussion part. The body text part, which comprises three parts, introduces the definition of Traditional Chinese Medicine, the obstruction during the process of internationalization of the Traditional Chinese Medicine industry, and the possibilities to break the present regime respectively.The introduction part will briefly discuss the dilemma of the intellectual property protection of Traditional Chinese Medicine, and then lead to the body text part.The first section of the body text part will first define what Traditional Chinese Medicine is. In this paper, the author argues that Traditional Chinese Medicine should be defined as the Medicine includes all China’s ethnic groups’ Medicine. Then the paper discusses the scientificity of Traditional Chinese Medicine, and asked the attention to be paid that Traditional Chinese Medicine should include both treatment methodologies and herbal medicines and prescriptions, so that the Traditional Chinese Medicine should be considered as the integration of the treatment methodologies, the prescriptions and herbal medicines. The second section is the core part of this paper. This section will discuss the reality of the intellectual property protection on Traditional Chinese Medicine by analyzing domestic and international intellectual property protection systems. And then Section II will have the conclusion that the existing domestic and international intellectual property protection systems are inadequate in protecting Traditional Chinese Medicine. The third section of the body text part will seek the possible paths to fill the blank of existing Intellectual Protection systems on protecting Traditional Chinese Medicine, through the analysis of the first two sections and the analysis of other developing countries active experience and methods. Thus, to seek better protection on the intellectual property protection of Traditional Chinese Medicine and better environment for Traditional Chinese Medicine companies to “go out”.