Study On The Protection Of Trade Secret Of Traditional Chinese Medicine Prescription

Traditional Chinese medicine(TCM)is the result of thousands of years’ practice in the struggle against diseases of the Chinese nation,and the crystallization of the experience and wisdom of doctors of all ages.For a long time,traditional Chinese medicine has shown its unique advantages and values in the treatment of difficult and miscellaneous diseases,prevention and treatment of disease and health care.It should be said that traditional Chinese medicine belongs to the advantageous field of our country.In recent years,western medicine based on chemical composition has gradually shown its shortcomings.Many foreign pharmaceutical companies have begun to focus on traditional Chinese medicine in China,especially traditional Chinese medicine prescriptions.Foreign pharmaceutical enterprises obtain Chinese traditional medicine prescription resources by means of cooperation,low-cost acquisition or direct use,and make use of their own funds and technical advantages to carry out secondary development on Chinese traditional medicine prescription and apply for patent protection for themselves,resulting in the loss of a large number of Chinese traditional medicine prescription resources.Therefore,the protection of intellectual property rights of traditional Chinese medicine prescriptions and even the whole field of traditional Chinese medicine appears particularly traditional Chinese medicine.However,at present,the intellectual property protection system in the field of traditional Chinese medicine is based on the patent system,while the traditional Chinese medicine prescriptions in China are difficult to match with the patent examination system due to their own uniqueness.Compared with western medicine,the patent authorization rate in the field of traditional Chinese medicine prescriptions is often very low,so it is difficult to obtain effective protection.So how to effectively prevent the loss of traditional Chinese medicine prescription resources,how to protect and promote the development of traditional Chinese medicine under the existing intellectual property system,this is worthy of serious exploration and research.Therefore,this paper will first summarize the traditional Chinese medicine prescriptions as the object of legal protection,clarify the concept of traditional Chinese medicine prescriptions and related concepts,and then focus on the analysis of theuniqueness of traditional Chinese medicine prescriptions and the scope of legal protection;then,through the relevant data,focus on the analysis of the current situation of patent protection and the protection of traditional Chinese medicine varieties on the protection of traditional Chinese medicine prescriptions,and analyze the scope of their protection Foot,and on this basis,comparative analysis of the advantages of using trade secret protection mechanism to protect traditional Chinese medicine prescriptions,analysis of the feasibility of their protection;followed by the introduction and analysis of foreign developed countries and developing countries to protect traditional Chinese medicine related practices,and combined with the specific situation of traditional Chinese Medicine prescriptions in China for comparative analysis,summed up its Enlightenment on the protection of traditional Chinese medicine prescriptions in China;finally,combined with the The specific problems in our country and the Enlightenment of the relevant foreign practice put forward specific countermeasures for the protection of the commercial secrets of traditional Chinese medicine prescriptions,respectively,from the definition of the commercial secrets of traditional Chinese medicine prescriptions,the identification of infringement,the restriction of rights,the management of the internal commercial secrets of traditional Chinese medicine enterprises and the coordination and protection of the mechanism of commercial secrets with other systems,in order to be able to serve as Chinese traditional Chinese medicine prescriptions The protection work provides some licensing references.