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The Legal Problems and Solutions in the Patent System of Traditional Chinese Medicine

Author: RenKuan
Tutor: LiangYuXia
School: Jinan University
Course: Legal
Keywords: Traditional Chinese medicine Patent system Conflict Patent protection
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 87
Quote: 0
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Abstract


The emergence and application of traditional Chinese medicine has a very long history, and has played an indelible role as an important part of the quintessence of one of the traditional Chinese medicine in China, for the Chinese nation for thousands of years to combat the disease. However, industrial development and technological innovation of modern Chinese medicine because of the imperfections of the patent system is facing various internal and external situation, the plight of the most important reason is the lack of in-depth analysis of the system of patent law, not its inherent nature and traditional Chinese medicine Theoretical characteristics to reasonably combine to form suitable for the essential characteristics of Chinese medicine, the patent system in line with the traditional Chinese medicine patent protection needs. In this paper, as the focus of the match between the demand for patent protection of Chinese medicine and modern patent system and the characteristics of the traditional Chinese medicine has been a redefinition of the scope of the research and innovation. Combined with our of TCM patent system in the pharmaceutical patent system gap survival situation, there is a point of conflict asked by analyzing the patent system and the traditional Chinese medicine essential characteristics proposed the predicament faced by the patent system for TCM in China, traditional medicine in reference to foreign patent protection system and the basis of practical experience, to explore a way out of the dilemma faced by TCM patent system. The main part of this article discusses mainly from four parts: the first part of the introduction, describes the meaning and purpose of this study to do a brief overview of the status quo for the research of traditional Chinese medicine in the patent field, and finally introduce the main research method. The second part based on the definition of the core elements of the patent system, the characteristics of traditional Chinese medicine (TCM) and the scope of the study, the combination of traditional Chinese medicine patent system situation, a conflict exists between the patent system in China and Chinese medicine characteristics Perspective, in-depth analysis of the difficulties faced by the traditional Chinese medicine patent system, the ownership of Chinese medicine field divided missing, the patent system to protect objects clearly defined standard of patent examination generalization, patent infringement difficulties. The third section summarizes the system with the practical experience of several countries in the field of protection of traditional medicine knowledge, learn to provide a basis for later analysis. The fourth part of the problems faced by China's TCM patent system on the basis of the first three chapters, learn valuable foreign experience in the practice of the system, from the clear division of the ownership of the field of traditional Chinese medicine, suitable for traditional Chinese medicine patent protection patent examination system needs to establish patent infringement identified three aspects of the standard, the characteristics of traditional Chinese medicine theory to explore the way out of the predicament faced by this stage of traditional Chinese medicine patent system.

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