Zhang Fan, Wei Xueli, JiangJingbo, Zhou Luqi

Department of Social Science,Daqing Campus, Harbin Medical University,

Daqing, Heilongjiang,163319,China

Abstract:Traditional Chinese medicine (TCM) knowledge draws little attention in China, resulting in the relevant interests are greatly damaged. In consideration of theinternational protection of TCM and learning from the advanced experience of foreign TCM protection, this paper discusses the establishment and improvement of TCM protection system from the aspect of patent protection, trademark protection, copyright protection, trade secret protection and the construction of regional barrier.

Keywords:Traditional knowledge; Traditional Chinese medicine; Legal protection;Intellectual property

Outline:

1.The overview of TCM knowledge

Thispart introduces the definition, characteristics and development of TCM knowledge.According to author, the TCM knowledge refers to one of the traditional knowledges with real or potential value of the traditional knowledge of medicine which is based on traditional Chinese knowledge. There are four characteristics of TCM knowledge, namely comprehensiveness,foundation,particularity and contemporaneity. Besides,there is a vast international market in the field of TCM, the international market share has continued to decline in ten years although China is thecountry of origin and the largest consumer of TCM. In addition, the loss of economic interests is due to the poor protection of intellectual property rights.

2.Brief introduction of international protection for TCM knowledge

This section describes two aspects of the international protection for TCM knowledge. First of all, the author introduces the protective measures of international organization and international legal protection afforded, such as WIPO, WTO,TRIPS and WHO. Secondly, the author introduces the advanced experience of the protection of traditional knowledge in foreign countries, such as Thailand and India.

3.The improvement of TCM knowledgeprotection system

1)Patent protection

Patent law should adopt special protection strategy to the patent registration of TCM. Specifically,the patent registration may refer to the following methods: 1.developing newdrugs from folk prescription; 2 extracting new preparation through analysis andstudy on the effective components of TCM; 3, developing new drugs through improving type and changing the uses; 4, developing new drugs in the experiment of scientific research.

2)Trademark protection

For a long time, because of lacking awareness of the trademark protection of TCM, China’sinterests were violated by East Asian and Southeast Asian countries. So the trademark protection should be paid attention to.

3)Copyright protection

The TCM knowledge covers national medicine, ancient books, drug resources and soon, from this point of view, it can be protected by Copyright Law.

4)Trade secret protection

The trade secret protection system gives people more right to choose via restricting the flow of information to prevent the loss of individual interests.

5)Building regional protection barriers

Facing violations in TCM knowledge and lacking a strong international legal aid, many developing countries began to unite together to build regional protection barriers to protect the TCM knowledge.