Intellectual Property Protection of Traditional Chinese Medicine: Challenges Faced by Intellectual Property Protection of Traditional Chinese Medicine

One of the important signs is to "de-China" the name of TCM. In addition to South Korea's legislation to change the name of "Chinese medicine" to "Korean medicine" and "Chinese medicine" to "Korean medicine", Japan is also planning to change its name. Second, it is difficult to obtain effective protection for the compound prescription of traditional Chinese medicine that truly embodies the characteristics of traditional Chinese medicine through the patent system originated in the West. Third, the lack of intellectual property protection of Chinese herbal medicines makes the high added value of Chinese herbal medicine export trade mostly flow to foreign competitors. To meet this challenge, we can no longer be passive, and we must take the initiative to carry out special legislative protection for the original achievements of China-traditional Chinese medicine. At present, at least three things can be done: first, special protection or technical secret protection of traditional Chinese medicine compounds with core value in traditional Chinese medicine medical treatment; Second, Chinese herbal medicines are protected by geographical indications; The third is to provide protection for new varieties of Chinese herbal medicines. These protections will help to promote the healthy development of Chinese medicine. In addition, we need to study other protection schemes. Because Chinese medicine has the advantages of cheapness and convenience, actively protecting and developing Chinese medicine can not only challenge the international community, but also have great social and economic significance for building a medical and health system with China characteristics and building a harmonious socialist society. It is worth mentioning that the protection law that state administration of traditional chinese medicine has begun to draft is "De-China", which is named "Traditional Medicine Protection Law" instead of "Chinese Medicine Protection Law". International organizations and international treaties are called "traditional medicine" because it cannot refer to a country alone; And our own departmental law is not called "Chinese medicine", which is wrong.

"China folk literature and art" and "Chinese medicine" are both China's strong points. If we only strengthen the protection of their strengths (patents, well-known trademarks, etc.). Driven by the developed countries, it would be a great mistake for us not to protect our strengths at all. Even if these two parts of traditional knowledge are not completely protected like patents and trademarks, they should be protected to some extent.