Analysis of legal nature of protection system for varieties of Chinese materia medica / 中草药

The protection system for varieties of Chinese materia medica (CMM) aims at regulating and protecting varieties of CMM, which also plays a protective role in intellectual property rights for CMM at the same time. From the analysis of the original intention and legal source, the essence of the system is the administrative supervision and protection of varieties of CMM. From the analysis of the function and the rights feature, it contains the nature of intellectual property rights. Based on the characteristics of the intellectual property protection effectiveness by administrative regulation, it can be regarded as an administration system for intellectual property rights protection of CMM. It is consistent with the international trends of taking administrative measures to protect intellectual property rights of pharmaceuticals, which will rich the thought for the revision of regulations on protection of CMM, and will also provide references to the construction of the special protection system of traditional knowledge of CMM.

Legal characterization and risk prevention on the medical research contract / 中华医学科研管理杂志

Medical research contracts including the state-funded research contracts and enterprises-funded research contract,The application of law and dispute resolution approach depends on the legal nature of two contracts.Therefore,the legal nature of the medical research contracts and contract risk prevention is the focus of this study.

Legal Nature and Legal Responsibility of Drug Injury Events / 中国药房

OBJECTIVE:To provide reference for building harmonious pharmacist-patient relationship and standardizing the legal responsibility induced by drug injury events.METHODS:The related concepts such as the drug injury events and adverse drug reactions were compared and defined;the legal nature of the drug injury events was clarified and the legal responsibility arose from the drug injury events was analyzed.RESULTS & CONCLUSIONS:Drug injury events as a legal fact can result in the emergence,change and elimination of the civil legal relationship between pharmacists and patients.The legal responsibility arose from the drug injury events include tort liability,administrative liability and criminal liability.