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Patent Protection of Traditional Chinese Medicine

Author: ChenXiaoJing
Tutor: LvGuoMin
School: Jinan University
Course: Civil and Commercial Law
Keywords: Traditional Chinese Medicine Patent Patent Protection Patent strategy
CLC: D923.42
Type: Master's thesis
Year: 2008
Downloads: 330
Quote: 5
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Abstract


The long history of Traditional Chinese Medicine is an important part of the Chinese culture. The problem of protection of Traditional Chinese Medicine has attracted a great deal of attention in most countries in recent years since China joined the WTO. Although Traditional Chinese Medicine is a traditional industry in China, China does not have any advantages in market share or in the intellectual property. The main reason is the deficiency of the intellectual property protection of Traditional Chinese Medicine. The most obvious characteristic for medicine industry are that it highly relies on patent and the developed countries highly monopolize the patent medicine. There are many ways to protect the intellectual property of the Traditional Chinese Medicine. Patent protection is the most useful way.This paper combines the Traditional Chinese Medicine with the Patent law together and seeks to explore the patent protection of Traditional Chinese Medicine. This paper is divided into three chapters. In the first chapter I define the Traditional Chinese Medicine in a different way. And then I compare the current situation of patent protection of Traditional Chinese Medicine in China and in some other developed countries. In the second chapter, I analyse the deficiency of current Patent law to protect the Traditional Chinese Medicine in China. I will analyse the main reasons and the barrier for the Patent law of China to protect the Traditional Chinese Medicine. In the third chapter, I want to discuss how to perfect the patent protection of Traditional Chinese Medicine in China. I also point out how to make patent strategy in order to protect the Traditional Chinese Medicine in China. Finally, I give some suggestions about how to perfect the patent protection of Traditional Chinese Medicine in China.

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