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Study on Protection of Geographical Indications of Traditional Chinese Medicine

Author: YueHongYuan
Tutor: LiuYaJun
School: Jilin University
Course: International law
Keywords: Traditional Chinese medicine Geographical Indications Special Legal Protection Trademark law protection
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 87
Quote: 1
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Abstract


Chinese medicine in China for thousands of years of practice, and the formation of a unique theoretical system, is still an important part of our health care system. In today's world, many poor at the face of western medicine in the pharmaceutical industry, the rise of a wave of \Chinese medicine emphasizes \Therefore, Chinese medicine has a lot of potential economic value. Thus, many experts in the field of academics in the painstaking research of Chinese medicine research and development and protection. For the protection of intellectual property rights of traditional Chinese medicine, is the important one of these studies. In Chinese medicine the study of intellectual property protection, patent protection studies occupy a huge percentage. However, I believe that the Chinese medicine contains the essence of traditional Chinese culture, but also has a strong regional, this feature allows a great fit between traditional Chinese medicine and the protection of geographical indications system has a very important significance, attention and research on Chinese protection of geographical indications . This paper is divided into three parts Geographical Indications protection of traditional Chinese medicine will be discussed: The first part of the concept of traditional Chinese medicine and the characteristics of geographical indications and related concepts Discrimination, refined elements of geographical indications, and then explore the medicine for the protection of geographical indications necessity. Chinese medicine concept into China with the modern western medicine is based on traditional Chinese medicine theory applied drugs, reflecting the characteristics of China's history, culture and natural environment. This article defined in traditional Chinese medicine, including traditional Chinese medicine, folk medicine and folk medicine. Chinese medicine contains the essence of traditional Chinese culture, but also has a strong regional, very fit these characteristics and geographical indications system. Medicine for the protection of geographical indications, not only has great economic value, but also has a cultural and social values. The second part describes the different ways typical of countries on the protection of geographical indications and describes the status quo of traditional Chinese medicine protection of geographical indications, analyzes the existing problems of the traditional Chinese medicine protection of geographical indications. Protection of geographical indications in general in today's international trademark laws, the protection of the special law and anti-unfair competition law protection three categories. Of protection of geographical indications, said the three forms of protection have, however, they are nothing but not perfect. Specific to the protection of geographical indications in terms of Chinese medicine, there are many problems. For example, Chinese awareness of the protection of geographical indications is indifferent, the value of Chinese medicine protection of geographical indications did not get enough attention; Chinese medicine the protection of geographical indications system defects. The existence of these problems seriously affect the realization of the value of the protection of geographical indications in traditional Chinese medicine, which is very necessary to improve the protection of geographical indications system of traditional Chinese medicine. The third part, introduced to improve the protection of geographical indications of traditional Chinese medicine recommended: I believe that the best model is the protection of the special law on the protection of geographical indications of traditional Chinese medicine, however, take into account factors such as cost and time specific legislation, so the need to improve the existing system to ensure that the failure to implement the special law protect the front, you can still maximize the protection of traditional Chinese medicine geographical indications. Not only is perfect, the Trademark Law of geographical indications and the special law of geographical indications content itself, the interface between the two systems also need to be properly designed to avoid the appearance of a conflict. Then the author focuses on the TCM geographical indications covered by specific legislation should include the scope of application of the traditional Chinese medicine geographical indications, identification, approval, etc.;, we must also improve other related systems, such as herbal medicine production quality management specification and wild traditional Chinese medicine protection of these systems complement each other, and strive to achieve the maximum protection of geographical indications of Chinese medicine.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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