ABSTRACT
Through the analysis of patent jurisprudence, it is proved that the Classical Prescription of Traditional Chinese Medicine (CPTCM) belongs to the scope of "existing technology" in the Law of Patent, and has lost the foundation of obtaining patent rights. Taking Japan's CPTCM as an example, based on the analysis of the administration of CPTCM and patent applications related to CPTCM in Japan, it is proved that CPTCM can not obtain patent authorization in Japan. Through the comparison of patent in China, the United States, Europe and worldwide region, it is proved that China is still the main source of patent applications for Traditional Chinese Medicine. At the end of the article, the author puts forward the suggestion of "active protection". It is believed that we should abandon the concept of patent-only protection and improve the influence of Traditional Chinese Medicine in worldwide from the aspects of industrial development, promotion ofits application, and intellectual property protection.
ABSTRACT
Through the analysis of patent jurisprudence, it is proved that the Classical Prescription of Traditional Chinese Medicine (CPTCM) belongs to the scope of "existing technology" in the Law of Patent, and has lost the foundation of obtaining patent rights. Taking Japan's CPTCM as an example, based on the analysis of the administration of CPTCM and patent applications related to CPTCM in Japan, it is proved that CPTCM can not obtain patent authorization in Japan. Through the comparison of patent in China, the United States, Europe and worldwide region, it is proved that China is still the main source of patent applications for Traditional Chinese Medicine. At the end of the article, the author puts forward the suggestion of "active protection". It is believed that we should abandon the concept of patent-only protection and improve the influence of Traditional Chinese Medicine in worldwide from the aspects of industrial development, promotion ofits application, and intellectual property protection.
ABSTRACT
In this paper,we analyze the current situation of the national standardization on acupuncture needles and related patents.Through analyzing the international research focus on the acupuncture needle patents,we give some strategic suggestions on the intellectual property protection of acupuncture needles and traditional Chinese medicine.
ABSTRACT
This paper describes the relationship between standards and intellectual property rights,describes the importance of putting the intellectual property protection into the International standards of Chinese medicine by the examples.According to the Chinese medicine's own characteristics and actual conditions in our country,the author points out some suggestions on how to put the intellectual property protection into the International standards of Chinese medicine.
ABSTRACT
OBJECTIVE: To promote TCM intellectual property protection. METHODS: The problems of TCM intellectual property protection were summarized, and the suggestions for the improvement of TCM intellectual property protection system were put forward according to its current development situation. RESULTS&CONCLUSION: The improvement of law and policy, construction of social circumstances as well as promotion of scientific technology, i.e. modernization of TCM, are four important aspects of TCM intellectual property protection system. Above aspects is significance to the long-term development of ethnic drugs and the parenchymatous improvement of medical care.
ABSTRACT
In view of current contradiction between information resources sharing and the protection of intellectual property,the author pointed out the need to maintain coordinated de-velopment,and for the relationship between the unity of these two opposites proposed some practical measures to further promote the sharing of resources and the sound development of the equity market.