ABSTRACT
Dao-di herbs have been synonymous with quality medicinal herbs in our mind hearts since ancient times and are the essence of Chinese medicine culture. The development of genuine regional herbs faces problems such as insufficient supply of local resources and lack of competitive advantages. It is necessary to seek a suitable model to protect and develop authentic medicinal materials. The protection mode of geographical indication products has become more mature. Geographical indication(GI) products and authentic medicinal materials are all related to the origin. There is certain commonality between them. However, there are also differences between authentic Chinese herbal medicines and geographical indications, and it is unsuitable to simply equate the authentic Chinese medicinal materials with GI products. This article comprehensively combs and compares the development of the authentic Chinese herbal medicines and geographical indication products, and believes that it is necessary to fully learn from the experience of GI products and combine the characteristics of authentic medicinal materials to establish a set of protection systems that meet the characteristics of authentic medicinal materials. Through this research, it has positive significance to promote the protection and management of authentic medicinal materials.
Subject(s)
Drugs, Chinese Herbal , Geography , Medicine, Chinese Traditional , Plants, Medicinal , ResearchABSTRACT
After an evaluation system of intellectual property rights in tea industry was constructed according to the investigation of literature and networks , the development of intellectual property rights in tea industry of China from 2004 to 2013 was analyzed , which showed that although the comprehensive strength of intellectual property rights in tea industry of China has steadily increased , a number of problems still exist such as its copyright , trademark rights, geographical indications, intangible cultural heritage, and new plant strain rights.Further analysis of patent invention rights, practical patents, and outward appearance designs showed that the number of tea processing patent inventions is the largest with a stable patent right, followed by tea processing and tea sets, tea sets and tea pack-age.Suggestions were put forward for the development of intellectual property rights in tea industry of China.
ABSTRACT
There are three systems to protect the geographical indications of genuine medical materials in present China, which easily leads to the right-conflicts among several geographical indications rights. The situation is not reasonable, but is legitimate in the current legal system. So we should start from the present legislation and learn from foreign experience to resolve it step by step. To be specific, in the short term, we should strengthen propaganda and alter the existing logos to reduce the possibility of consumer confusion. Meanwhile, we should annul or revoke the registration of the improperly registered geographical indications. In the medium term, we should make some amendments to the legislation, that is, to give priorities to geographical indication products. At last, we should change the three systems into a single protection mode on the basis of the geographical indication products system.
ABSTRACT
Chinese materia medica (CMM) has the great economic value in modern society, which depends on its industrialization. And the development of industrialization needs the protection of intellectual property rights. This paper built the evaluation index system of intellectual property of CMM including 6 first class indicators, 15 second class indicators, and 18 third class indicators. Then we used the standard deviation method to determine the weight of each evaluation index and evaluated the intellectual property of CMM from 2004 to 2013 in China by weighted average method. The results showed that, the intellectual property of CMM was in a steady growth trend in 2004-2013. Finally, the countermeasures and suggestions have been put forward from the government, enterprises, and research staffs.
ABSTRACT
O artigo analisa os desafios existentes, no Brasil, com relação à institucionalização das indicações geográficas de produtos agroalimentares, tomando por base a experiência europeia. A recente expansão no número de experiências de diferenciação não tem sido capaz de engendrar mudanças requeridas para estabilizar um sistema que, atualmente, mostra-se extremamente frágil e carente de coordenação. O estudo baseia-se numa abordagem comparativa entre o marco legal brasileiro e europeu, considerando a existência de diversas experiências de indicações geográficas da Espanha (Andaluzia) e do Rio Grande do Sul (Serra Gaúcha).
The paper examines the challenges that exist in Brazil, with respect to the institutionalization of geographical indications of agricultural food products, based on the European experience. The recent expansion in the number of experiences of differentiation has not been able to engender changes required to stabilize a system that currently shows up extremely fragile and lacking coordination. The study is based on a comparative approach between the Brazilian and European legal framework considering the existence of diverse experiences of geographical indications of Spain (Andalusia) and Rio Grande do Sul (Serra Gaucha).
ABSTRACT
Objective To discovery the attributes of Chinese geoherbs and find it’s study strategy. Method Literature analysis and theory model structure. Results Both natural science and literae humaniores are attributes of Geoherbs. Conclusions Natural science combined with literae humaniores is the necessary way to study Geoberbs. The conception of Geographical Indications was favorable to discovery the literae humaniores properties. The theory about continuous variation was the key to found the scientific properties of Chinese Geoherbs.