Internationalization Of Patent Protection System Of Traditional Chinese Medicine

Traditional Chinese medicine(TCM),as an important part of the excellent traditional culture of the Chinese nation,has made great contributions to human health.In recent years,with the deepening of the internationalization of TCM,the problem of TCM intellectual property is becoming more and more serious.At present,the TRIPS agreement dominates the world intellectual property system,among which patent protection is particularly important.The standard of medical patent examination is established according to the characteristics of western medicine,but it is difficult to protect Chinese medicine fairly.In addition,the serious biological piracy has also brought immeasurable losses to the development of TCM,hindering the innovation and development of TCM.In order to strengthen the protection of TCM patent right,this paper put forward countermeasures from the establishment of international intellectual property convention and the modification of multilateral trade agreement on the basis of the modification of TCM patent examination standard,hoping to protect TCM fairly and reasonably.This paper consists of six chapters,the main contents are as follows:The first chapter is the introduction of the background information,purpose,current situation,methodology and innovation.The second chapter is the basic theory of patent right protection of TCM.TCM as a whole,its invention patents include product invention,method invention and use invention.Patent has the advantages of high recognition,strong exclusivity and mature system development,so adopting patent method to protect TCM is an inevitable choice.The third chapter is the status quo of patent protection system of traditional TCM.Chinese patent protection system of TCM is constantly improving,and the legal systems of other countries and regions also include the content of patent protection of TCM.Internationally,CBD and other international conventions also reflect the protection of traditional medicine.In addition,the multilateral trade agreements signed by China also contain TCM related contents.The fourth chapter is the analysis of the problems existing in the protection of patent right of TCM.First of all,the subject scope of the current patent system is not clear,and there are problems of mismatch between TCM and the "three characteristics" standard of patent recognition.Secondly,there is no international convention on the protection of traditional medicine under the current WIPO framework,and the main provisions of TRIPS are also very unfavorable to the patent protection of TCM.Thirdly,there is no direct agreement on TCM patent protection in our current free trade agreement.The fifth chapter contains suggestions for countermeasures to promote the internationalization of patent protection in TCM.In view of the current problems,we should first establish a special standard suitable for the characteristics of TCM,and then push the standard to the international level.This chapter firstly proposes adjustments to the scope of the subject matter of TCM patents and the "triple nature" criteria for the recognition of TCM patents,and then proposes strategies to promote the internationalization of TCM patent protection from two aspects: in the long run,a system of rules of international organizations for the protection of TCM patents should be established,and at present,the protection of TCM patents should be supplemented by multilateral trade agreements.In the long run,a system of rules for the protection of patent rights of traditional medicine should be established,and at present,the protection of patent rights of Chinese medicine should be added to multilateral trade agreements.The internationalization of patent protection for Chinese medicine is a continuous process,and the combination of these two approaches will jointly promote the internationalization of patent protection for Chinese medicine.The sixth chapter is the conclusion of the paper,which summarizes the research results of this paper.