A Comparative Study of Intellectual Property Rights Protection System of Traditional Medicine in China and India

Traditional Chinese medicine is based on different cultural backgrounds indigenous theories, beliefs and experiences to form a set of knowledge, skills and methods. With the social development , disease changes and highlights the limitations of modern Western technology , return to natural and traditional medicine has become a trend. Traditional medicine enormous economic and cultural value of traditional medicine to maintain a strong impetus to the country 's domestic and foreign markets , in which those funds also attracted a dominant position , and technology developed and inappropriate coveted possession . Typical case , such as the case of Namu tree , turmeric case , artemisinin Colgate dentifrice case and other cases as well . In the world of intellectual property protection of traditional medicine has a lot of controversy and disagreement . Legitimacy from the initial study to the protection of intellectual property protection of traditional medicine which modes of intellectual property , these problems have been plaguing traditional medicine to maintain power. Should be incorporated into existing intellectual property protection system , the existing system and the existence of traditional medicine fit issues ; Should build a special sui generis systems of traditional medicine , they have on the subject, object, duration of protection and other issues were difficult and lengthy discussion . China has rich traditional medicinal knowledge , and that the existing intellectual property protection system can not expand the strong protection . India and China as a traditional medicinal knowledge with a large country, its through administrative , legislative and civil society interaction , the initial construction of a unique system of intellectual property protection of traditional medicine . Therefore, based on the traditional medicine system of intellectual property protection and the development status of China 's national conditions, comparing similarities and differences between the two countries , this paper will make the following recommendations to establish strength of patent protection of traditional medical knowledge source disclosure system , the implementation of \Law \