Research On The Conflict And Coordination Between Standardization And Patent Protection Of Traditional Chinese Medicine

The standardization of Traditional Chinese Medicine(TCM)is a major strategy formulated by China to promote the development of the TCM industry.The implementation of TCM standards aims to achieve unified and normalized management of production in the field of TCM,heighten efficiency and effectiveness,and improve the competitiveness of TCM in the international market.With the development of modernization of TCM and the need of improving the quality of standards,a large number of patented technologies have been absorbed into TCM standards.Due to the opposition of attributes and interests,disputes over patent rights in the standardization of TCM occur from time to time,showing that the TCM standards and patents not only depend on and promote each other,but also reject to each other.Patent protection is the core of the intellectual property strategy of TCM,the contradiction between standards and patents also set barriers to the coordinated development between standardization strategy and intellectual property strategy of TCM.Grasping the relationship between standardization of TCM and patent protection comprehensively,analyzing the performance and causes of the conflict in detail,are the key tasks to push forward the standardization of TCM.Considering the mutual effects between the two sides,this paper elucidates the conflict from three perspectives:patent standardization,the publicity of standards,and standard patenting.Analyze the causes of collision from the aspects of attributes,values,and interests.In order to build a synergetic mechanism,firstly,we should have the awareness of coordinated development,make the balance principle between public interest and personal interest clear.Secondly,it is necessary to strengthen the formation of the intellectual property policy of the TCM standardization organization,to promote the formation of TCM standards.In addition,we must focus on strengthening the construct of patent information disclosure mechanism and the patent licensing mechanism.Complete information disclosure principles and rules,define subject responsibility,and solve the patent license cost by negotiating.The standardization o TCM is a complex systematic project,witch involves many interest departments,causes problems frequently.It is hoped that the research in this paper can provide some reference for the resolution of conflict between standardization and patent protection of TCM.