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On International Legal Protection of the Intellectual Property of Traditional Chinese Medicine

Author: YinXiaoXia
Tutor: ZhangRuiPing
School: Beijing Jiaotong University
Course: International Law
Keywords: Traditional Chinese Medicine intellectual property International legal protection the deficiency the opinions
CLC: D997.1
Type: Master's thesis
Year: 2010
Downloads: 153
Quote: 1
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Abstract


With the globalization of the economy, the scope of the Intellectual Property subject matter is becoming much more broader.The Intellectual Property regime plays an active role when confronted with new technology, such as biotechnology, data base and so on. Meanwhile, with the development of the modern technology in various fields, people concentrate more and more on genic resource, traditional knowledge and folklore that have a great influence on technolge, environment, culture, trade and the social development in nowadays. Yet the conflicts between the modern technology and the traditional knowledge(TK), the owners of TK or the holders of TK become much clearer. As one part of TK, traditional Chinese Medicine (TCM) needs to be adequately Protected by IP.In this article, except for introduction and conclusion, there are three major parts, including outline of international legal protection of intellectual property of TCM, deficiencies and opinions of the intellectual property protection on TCM and other aspects of the international protection of intellectual property of TCM.First, illuminate the scope, main content and particular methods of protection of intellectual property of Traditional Chinese Medicine(TCM)by discussing the definition and features of TCM; analyze status quo of international legal protection of intellectual property of TCM; conclude the basic principles of international legal protection of intellectual property of TCM.Second, list the main problems necessary to settle, and then put forward the countermeasures of the intellectual property protection on TCM, including copyright protection, patent protection, trademark protection and so on, which is beneficial to carry forward TCM and improve the international competence of TCM industry.Third, describe other aspects of legislative proposals of TCM in the international protection of intellectual property and how to seek broad international coordination and cooperation within.

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