Patent Protection Of Recurrence Of Chinese Medicines Known To The Public

Traditional Chinese medicine is one of the most representative traditional knowledge,which is being explored by the Intergovernmental Committee on intellectual property and genetic Resources,traditional knowledge and folklore of the World intellectual property Organization(WIPO)to protect intellectual property rights.With the rapid development of modern science and technology,"returning to nature" and "green medicine" have been paid more and more attention by the international community.Traditional Chinese medicine,such as traditional Chinese medicine,which has less toxic and side effects,has ushered in a new development opportunity.However,due to the lack of property rights protection,the traditional Chinese medicine compound has been widely and improperly used,Japanese "Chinese preparation" is a typical representative.Due to the widespread improper use of traditional knowledge,the international community began to study the protection of property rights of traditional knowledge,including traditional Chinese medicine.Among the system options of traditional knowledge protection,proper reform of patent law is a good choice.In this paper,the patent protection of Chinese medicine compound prescription is discussed.The first part mainly expounds the definition and nature of the public Chinese medicine compound,and analyzes the relationship between the public Chinese medicine compound and the traditional knowledge,the traditional Chinese medicine,so as to clarify the scope of the public Chinese medicine prescription which should be protected by patent.The second part mainly discusses the justifiability of patent protection of traditional Chinese medicine compound.The legitimacy is as follows: first,the compound prescription of Chinese medicine has a good scientific value of medicine,and it is the result of intellectual labor accumulated by the Chinese nation for a long time;Second,patent protection of public Chinese medicine compound can promote public health and the development of related industries in our country;third,patent protection of public Chinese medicine compound is beneficial to the inheritance and development of traditional Chinese medicine and to the promotion of cultural diversity.The third part mainly analyzes the obstacles of patent protection of public Chinese medicine compound,including: first,there is a certain degree of conflict between public Chinese medicine compound and the patent system,patent system is more suitable for the protection of western medicine;Second,the current patent law right subject system,which is represented by individuals,contradicts the "collective" attribute of the public Chinese medicine compound,and thirdly,in the patent licensing standard,there is a certain contradiction between the public Chinese medicine compound and its novelty,practicality and creativity.The fourth part mainly discusses how to perfect the patent system,so as to provide intellectual property protection for the public Chinese medicine compound.There are mainly the right subject system,the authorization standard system,the patent application information disclosure system.In the aspect of the right subject,public Chinese medicine compound is recognized as the national ownership,and in the authorization standard,the commercial novelty standard is set,the practicality standard and the creative standard are adjusted,so as to better protect the patent benefit of the public Chinese medicine compound;In the aspect of patent application information disclosure system,the existing information disclosure system should be innovated to increase the illegal cost of fraudulent information disclosure.