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The Research of Intellectual Property System of Traditional Chinese Medicine

Author: ZhongJiaWei
Tutor: JinPengNian
School: Zhejiang University
Course: Law
Keywords: Traditional Chinese medicine Intellectual property system of Chinese medicine Status and problems System Construction Traditional knowledge
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 90
Quote: 0
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Abstract


Chinese medicine, is a valuable experience passed down by generations of Chinese people in the field of medicine, is priceless cultural heritage. Chinese medicine industry with independent intellectual property rights is one of the few important areas. However, the current Chinese medicine intellectual property system is not perfect, resulting in the Chinese medicine industry can not be converted into advantages in resources and knowledge superiority international natural medicine market competitiveness, modernization and internationalization of Chinese medicine industry in hindered. How best to implement the intellectual property strategy of Chinese medicine has become a major issue affecting the future development of the Chinese medicine industry, conducted a comprehensive review of the background of traditional Chinese medicine intellectual property system. Of content to our current intellectual property sector law, combined with the special nature of the Chinese medicine industry analysis, referring to the outside of the legislation, as well as practice, build the recommendations of the intellectual property system in line with the characteristics of the development of the Chinese medicine industry of traditional Chinese medicine. The detail of traditional Chinese medicine intellectual property system. Chapter 1 Introduction This article creation research background, research value, writing ideas and basic structure to be introduced. Chapter II defines the connotation of Chinese medicine intellectual property system characteristics and cultural attributes of Chinese and Western medicine as a starting point, the analysis of the legal status of traditional Chinese medicine, and then do a simple overview of the content of the intellectual property system, and finally elaborated significance of traditional Chinese medicine intellectual property system. Larger space for the third chapter describes the current status and problems of the intellectual property system of traditional Chinese medicine. First, in accordance with the legal origins of traditional Chinese medicine and intellectual property law system combing, followed by five basic system of Chinese medicine intellectual property (patent system, the trademark system, the copyright system, TCM protection system, trade secrets regime) status and issues analysis of the system, the last comprehensive evaluation pointed out that the legislation is not perfect, the lack of institutional design targeted; weak awareness of intellectual property rights and the degree of international protection is not the main reason. Chapter comparative law, and learn about the outside pharmaceutical intellectual property system. This part focuses on the successful experience of Japan Kampo International and India's successful experience in the protection of traditional medicine knowledge, then summarizes the revelation of the intellectual property protection of traditional Chinese medicine. The fifth chapter is the core part of the full text, the author proposes the basic ideas, emphasized for system integration and assimilation of Chinese medicine characteristics that should improve the existing system based on the development of Chinese medicine intellectual property legal system built specifically in line with traditional Chinese medicine characteristics system, so as to carry out a full range of Chinese medicine targeted protection. Chapter VI Conclusion is a summary of the contents of the full text. The author concludes China build a sound system of traditional Chinese medicine intellectual property system on the basis of active participation and promote the traditional Chinese medicine the hope of the international protection of intellectual property rights.

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