The nature of traditional Chinese medicine variety protection is

The nature of the right to protect varieties of traditional Chinese medicine is intellectual property.

The right to protect varieties of traditional Chinese medicine is an institutional innovation in the protection of knowledge of traditional Chinese medicine in China. It meets the requirements of the basic elements of intellectual property rights in terms of subject scope, object elements, right content and right term, so it should be a novel intellectual property right.

The subject of Chinese medicine variety protection is also specific, and the subject of Chinese medicine variety protection right and intellectual property right has * * * commonality. Traditional Chinese medicine varieties reflect knowledge, and the object of the protection right of traditional Chinese medicine varieties, like the object of general intellectual property rights, is knowledge information, but it adopts an "alternative" way in description.

The purpose of the Regulations on the Protection of Traditional Chinese Medicine Varieties

The purpose of "Regulations on the Protection of Traditional Chinese Medicine Varieties" in the State Council is to encourage the research and development of clinically effective traditional Chinese medicine varieties, improve the quality of traditional Chinese medicine varieties, protect the legitimate rights and interests of traditional Chinese medicine manufacturers, and promote the development of traditional Chinese medicine.

The scope of application of these Regulations is the varieties of traditional Chinese medicines produced and manufactured in China, including proprietary Chinese medicines, natural medicine extracts and their preparations, and artificial products of traditional Chinese medicines. The varieties of Chinese medicines for which patents are applied shall be handled in accordance with the provisions of the Patent Law, and these Regulations shall not apply.