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

ABSTRACT

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.