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Identification Of Common Names Of Chinese Patent Medicines From The Perspective Of Law

Posted on:2019-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y L LiFull Text:PDF
GTID:2416330566995437Subject:Science and Technology Law and Intellectual Property Law
Abstract/Summary:PDF Full Text Request
Traditional Chinese medicine is based on traditional Chinese medicine as a raw material,under the guidance of the basic theories of traditional Chinese medicine,according to a certain group of prescriptions,combined with appropriate pharmaceutical methods and processes,through the processing to be given a specific dosage form can be used directly to the exact effect of the preparation.It is an important part of the composition of Chinese medicine and is a cultural treasure of the Chinese nation.As a combination of biodiversity and cultural diversity,Chinese medicine name is an important carrier for the composition,pharmacology,syndrome differentiation,and formulation characteristics of traditional Chinese medicines.It is invaluable for the development of Chinese medicine and the inheritance of human culture.effect.However,the management of generic names of proprietary Chinese medicines has been very confusing.In the judicial practice,disputes over the generic names of proprietary Chinese medicines continue to occur.How to formulate generic name recognition standards that conform to the characteristics of proprietary Chinese medicines on the basis of embodying the unique biodiversity and cultural diversity of Chinese medicines in order to promote the sustainable development of traditional Chinese medicine is an important topic that needs to be studied today.The article first analyzes the related concepts and characteristics of proprietary Chinese medicines and generic names,and accurately grasps related concepts.It is believed that the generic names of proprietary Chinese medicines contain not only the distinctiveness,generality,and versatility of general commodity names,but also the implications.The unique characteristics of Chinese traditional culture and the wisdom of more naming people.At the same time,the specificity of the common name of proprietary Chinese medicines was examined.By comparing with the generic names of common goods,it is concluded that there are differences in the purpose,formation reasons,roles,states,and relationships with trademarks;after comparing with generic names of western medicines,it is concluded that generic names of Chinese patent medicines have certain biological diversity.And the characteristics of cultural diversity,from the perspective of biodiversity,it is concluded that the Chinese herbal medicines that make up proprietary Chinese medicines are complex and diverse,resulting in a distinction between proprietary Chinese medicines and single-chemical chemical constituents;from the perspective of cultural diversity,It is concluded that Chinese patent medicine is the product of the struggle between the Chinese nation and disease for thousands of years.It is the result of numerous laborers and laborers who have accumulated experience.It is the result of innumerable doctors’ wisdom,conciseness,and innovation.Because of this,the development history of proprietary Chinese medicine has become An epitome of the history of the development of traditional Chinese culture.The common name of proprietary Chinese medicines is deeply influenced by traditional Chinese culture,both in the way of naming and in the name itself.Secondly,after analyzing the status quo of the generic name recognition standard for Chinese proprietary Chinese medicines,it was found that there is a conflict between the generic name identification of Chinese proprietary Chinese medicines and the current recognition system for generic names of common goods,that is,there are differences in the division of the public domain,and the The example of Pien Tze Huang was explained,and it was concluded that the content of the generic name of Chinese patent medicine was not clear and the application order was uncertain.Finally,the author combined the characteristics of the generic name of proprietary Chinese medicines and improved the identification of generic names of proprietary Chinese medicines.Through analysis,it was found that the content of the identification of generic names of proprietary Chinese medicines is mainly focused on the identification of generic names,and the judicial practice is clearly defined.The applicable rules for proprietary Chinese medicines are commonly used as common names,because the legal requirements must be clearly marked in the description,labeling and packaging of Chinese medicine generic names,so the industry operators are generally passive to accept the common common name,so here mainly refers to the consumer,And consumers have the characteristics of unlimited and rigid demand.At the same time,due to the characteristics of professionalism and strict examination and approval,proprietary Chinese medicines,pharmacists,related experts,and complex people of relevant state agencies are also taken into consideration.Internal;For the sequence of applicability of the generic name recognition standard for Chinese patent medicine,the author draws lessons from the criterion for identifying generic names of western medicine in foreign judicial practice.Not only that,the author also uses linguistics methods to classify the names of proprietary Chinese medicines from the four forms of mark type,narration type,art type,and competition type,hoping to provide the rules for matching the guiding principles of generic name designing techniques for traditional Chinese medicines.The naming of proprietary Chinese medicines at the source will reduce the occurrence of follow-up disputes concerning the generic name of proprietary Chinese medicines.
Keywords/Search Tags:Chinese patent medicine, Generic name, Cognizance
PDF Full Text Request
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