Discussion on Establishment of Distinctive Protective Law on Traditional Chinese Medicine
- VernacularTitle:建立中医药“专有权”法律保护制度的探讨
- Author:
Zhongde CAI
;
Yan LEI
- Publication Type:Journal Article
- Keywords:
Traditional Chinese medicine;
Distinctive property;
Law protection
- From:
China Pharmacy
2005;0(14):-
- CountryChina
- Language:Chinese
-
Abstract:
OBJECTIVE:To discuss the issue of how to take advantage of intellectual property law to promote the sus?tainable development of our traditional Chinese medicine,and to establish the related legal system to protect the intellectual property of traditional Chinese medicine.METHODS:On the basis of literature review,the necessity and foundation of establishing distinctive protective law on traditional Chinese medicine were discussed.RESULT:There were internationally precedents of legislation on biodiversity and cultural diversity;Neither“Trade-Related Aspects of Intellectual Property Rights”nor other WTO files forbad individual country to establish its own policy according to its specific situation,however,these policies should not be against the fundamental principle of WTO;Moreover,foreign countries is paying much more at?tention on legislation of traditional Chinese medicine and herb than they used to.DISCUSSION:It is of great necessity to establish the distinctive protective law on traditional Chinese medicine,which can best be enforced by promoting the self de?velopment of traditional Chinese medicine,especially the investment and innovation in this field.
