New problems of Intellectual Property during Innovation of Traditional Chinese Medicine
中医药创新中的知识产权新问题

Innovation of traditional Chinese medicine (TCM) was proposed under market economy conditions. Hence, rules of market economy must be complied with and be subjected to the intellectual property law. Innovation of TCM can be divided into two parts. One is the self-innovation of TCM, and the other is new creation based on TCM knowledge and techniques. Both innovations have presented with different intellectual property questions from past events. Under market economy conditions, private rights are legitimate and interests must be maximized. Therefore, a proper intellectual property legal system should be established for the innovation of TCM to protect and maintain superiority domains of China in the innovation of TCM.