| Traditional Chinese medicine(TCM)culture is national.As the essence of thousands of years of inheritance,it keeps the traditional knowledge and the essence of national culture.It is impregnated with the culture of "medicine and philosophy",and bred a unique theoretical system.At the same time,the culture of Chinese medicine is also of the world.As a treasure of world medical culture,it has made a significant contribution to the health of all mankind in the fight against major epidemics such as the new crown epidemic.TCM is the most potential independent intellectual property field in my country,and it is also a great help to promote China’s pharmaceutical industry to the center stage of the world.The protection of intellectual property rights of Chinese medicine is also receiving increasing attention.Today,the protection of the pharmaceutical patent system created around western medicine occupies the mainstream status,and the protection of intellectual property rights of TCM,which is completely different from the theoretical basis of western medicine,is facing an embarrassing situation.Under the guidance of dialectical diagnosis and treatment theory,TCM can achieve good results in clinical practice,but there is a huge gap in conception from the pathology and medicinal science required by modern medical science and technology.When it comes to property rights protection,blindly copying the western medicine-based drug patent protection system appears to be stretched,and it is difficult to meet the "three characteristics"requirements of patents.It is precisely because the gap between Chinese and Western medicines has increasingly highlighted the ineffective application of patent protection,the protection of technical secrets has broken through the cloud of the patent system,and quickly bridged the gap in the protection of Chinese medicine property rights with its unique role in the field of Chinese medicine property rights protection.It is precisely because the protection of technological secrets has a unique role and special contribution to the research in the field of intellectual property rights in TCM.Compared with traditional intellectual property protection systems such as patents,the protection of technological secrets in TCM has lower requirements for obtaining rights and a range of rights protection.The advantages of wideness,long timeliness,and low cost have captured the "heart" of the right holders of TCM technology,and have become the new normal in the protection of intellectual property rights in TCM.This article takes the protection of TCM technology secrets and the improvement of its system as the main research object.However,there are inherent shortcomings in the protection of technical secrets.Compared with the rigid exclusive property rights of patents,the protection of technical secrets does not exclude the coexistence of the same rights objects.There is a risk that the leakage of technical information will directly lead to the loss of rights.It is also related to the public interests of the society.The information disclosure system has conflicts,and faces difficulties in the process of realizing the protection of TCM technology secrets.Under the framework of intellectual property protection that respects the patent system as the core phenomenon,this article moderately emphasizes the proportion of the technical secret system in the field of intellectual property protection of TCM,actively seeks ways to make up for the shortcomings of technical secret protection,and strengthens the confidentiality management of TCM enterprises and coordination of technology.Conflict between secret protection and information disclosure.Cooperate with the patent system in the selection of protection strategies,establish a benefit-sharing mechanism to resist foreign biological plagiarism of TCM technical secrets and unique TCM traditional knowledge,so as to realize the protection of TCM technical secrets The reconstruction and improvement of the path will form a comprehensive protection mechanism that focuses on the protection of technical secrets and coordinated multiple protection methods to promote the development of TCM and the continuous transmission of the protection cause. |