Issues of intellectual property protection of traditional Chinese medicine

Intellectual property protection of the status quo of traditional medicine at home and abroad, this paper, comparative research methods and historical research methods research necessarily linked to traditional medicine and the protection of intellectual property rights, on this basis, can be included in the field of intellectual property protection of traditional medicine , the legislative model of traditional medicine intellectual property protection, the benefit-sharing mechanisms related discussion. Innovation of this paper that discusses the legal attributes of the intellectual property rights of traditional medicine, will be included in the field of intellectual property protection of traditional medicine concrete; basis of summary and analysis of domestic and international existing legislative models proposed in the country using the traditional the specialized pharmaceutical intellectual property protection legislation mode. The legislative model will be included in the field of intellectual property protection of traditional medicine are classified in different categories, respectively, applicable to a different system of intellectual property protection, so as to achieve the purpose of the protection of traditional medicine knowledge and resources to the interests of the provider; finally discusses the traditional medicine of intellectual property protection benefit-sharing legal mechanisms for benefit sharing its mode from the main diversity, share extensive interests and the interests of the contractual share three ways; proposed recommendations shall establish protection measures, namely traditional medicine database and patent disclosure of the source system. The first chapter: mainly elaborates the necessary connection of traditional Chinese medicine and the protection of intellectual property rights. This is mainly divided into three parts, the first part discusses the concepts and features of traditional medicine; second part discusses the traditional medicine that can be included in the field of intellectual property protection; third part, respectively, from the legal property of traditional medicine, traditional Chinese medicine development status and trend of the international law of intellectual property protection of traditional medicine discusses the need for intellectual property protection of traditional Chinese medicine in China. Chapter II of this article: to explore the mode of legislation on the protection of intellectual property rights of traditional Chinese medicine. This chapter is divided into two parts. The first part of the current characteristics of the legal system for the protection of traditional Chinese medicine for our analysis; second part of the basis of value analysis of domestic and international existing legislative models, explore China's traditional medicine special legislation for the protection of intellectual property rights mode. Chapter III: discussion of intellectual property rights on traditional medicine benefit-sharing mechanisms. The chapter begins with benefit-sharing mechanism proposed development do a review, after which, on this basis, made that the legitimacy of the mechanism and mode of. Section II of Chapter forth in the construction of the protection measures of benefit-sharing mechanisms. This introduces two systems: one for traditional medicine database system for the patent system of disclosure of origin.