The Study On Standardization Of Traditional Chinese Medicine From The Perspective Of Intellectual Property

Intellectual property rights protection is closely related to the standardization of traditional Chinese medicine,as an important legal guarantee for the development of traditional Chinese medicine industry.However,there is a certain conflict between the two in the implementation process.First of all,due to the speciality of Chinese medicine,trade secret is a commonly used form of Chinese medicine intellectual property rights protection.However,the publicity of Chinese medicine standards precludes the possibility of protecting the technology involved as a trade secret.Therefore,the technology owner usually applies for a patent in advance.Secondly,the patentee has obtained a certain degree of monopoly right.If the technology is included in traditional Chinese medicine standard,the compulsion of the standard will put the patentee in a absolute dominant position,possibly lead to inequitable conduct.In order to avoid the conflict between intellectual property rights protection and the standardization of traditional Chinese medicine,some trade secret owners deliberately conceal their technology when they are absorbed into the standards,and refuse to disclose all the crucial technologies.Some standard constitutors try not to absorb patented technology into the standard.However,with the acceleration of technology refresh,new technologies of traditional Chinese medicine emerge constantly,the scope of patent is broader,and the inclusion of certain patented technologies in Chinese medicine standards will be inevitable.Blindly excluding patented technologies will result in the stagnation of technology development in Chinese medicine standards,even the industry.The consumers can not benefit from the new technologies,is neither the purpose of traditional Chinese medicine standardization nor the intellectual property rights institution.Therefore,the combination of Chinese medicine standardization and intellectual property rights is necessary and what ought to be.Considering the relation between the two,more attention is focused on the mutual promotion,neglecting the contradictions in existence.Nowadays,the standardization strategy is continuously advancing in our country,and the awareness of intellectual property rights protection is also on the rise.The contradiction between the two will become increasingly prominent.How to alleviate the conflict so that they can develop together is a pressing problem to be solved.This paper elaborates on the correlation between Chinese medicine standardization and intellectual property rights of traditional Chinese medicine.Through a large amount of data comparison,this paper focuses on four aspects of the patent with respect to Chinese medicine standard,the world,the country,the enterprise and the variety.I find out that there are a lot of patents but with low quality and lacking of international patent.In addition,the current situation,problems and solutions of traditional Chinese medicine standardization are also summarized.The interest subject of traditional Chinese medicine standards differ from what protected by intellectual property rights.The former focuses on the public interest,emphasizing safety and effectiveness,and essentially aim at consistency.The latter focuses on the interest of intellectual property rights holders,in essence,aiming at innovation.It is precisely this difference that has led to the inevitable conflict between the two.The method to alleviate it is to find a balance between the two kinds of interests and take sides appropriately in special circumstances.