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The Actuality of the Protection of th e Intellectual Property Right of TCM in China
我国中药知识产权保护的现状

Keywords: 中药,知识产权

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Abstract:

As every other medicine,Chinese Tra ditional Medicine that has huge commercial value is the achievement of hu manintelligence activities,which should be protected by law.With intelle ctual property protection system is being estab-lished in gradually in our country,t he government has enacted a series of regulations and rules for protectin g the property of Chinese traditional medicine.But due to some specific characteristi cs of Chinese traditional medicine i nto practice by existing regulation of law.So,that why cases of property infringement i n field of Chinese traditional are fr equently happening and also some of them can' t be solved easy.Many new medicine developed and produced by some enterpr ises was often imitated by other companie s,which conduced profit lose of developer and restrain the progress of Chinese traditional medicine. In addition,because the distinctio n between Chinese traditional medic ine and Western medicine are huge,th e intellectual property protection s ystem in developed countries could o ffer perfect protection for Western medicine but not Chinese traditional medicine,that made difficulty for spreading the cu lture of Chinese traditional medicine and exploiting market into west. In text,author is making the analysis about status of protection of intellectual property of Chinese traditional medicine in four aspect,such as protection by patent,administration,a nd trade brand and know how or business secret,and presenting some proposal about protection of intellectual property of Chinese traditional medicine,combining with specialty of Chinese traditional me dicine.

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