Analysis of overseas patent registration of the classical prescription of traditional Chinese medicine
10.3760/cma.j.issn.1673-4246.2019.10.001
- VernacularTitle: 中药经典方的海外专利注册情况分析及保护建议
- Author:
Xingang FENG
1
;
Lijun FAN
2
;
Chenghua LI
3
;
Zhiguo MA
4
Author Information
1. Technology and Development Center for Traditional Chinese Medicine of China, Beijing 100027, China
2. Tasly Holding Group, Tianjin 300410, China
3. Department of Biomedical Engineering, Jinan University, Guangzhou 510632, China
4. College of Pharmacy, Jinan University, Guangzhou 510632, China
- Publication Type:Journal Article
- Keywords:
Traditional Chinese medicine and pharmacy;
Classical prescription;
Medicine, kampo;
Patent analysis;
Intellectual property protection
- From:
International Journal of Traditional Chinese Medicine
2019;41(10):1039-1042
- CountryChina
- Language:Chinese
-
Abstract:
Through the analysis of patent jurisprudence, it is proved that the Classical Prescription of Traditional Chinese Medicine (CPTCM) belongs to the scope of "existing technology" in the Law of Patent, and has lost the foundation of obtaining patent rights. Taking Japan's CPTCM as an example, based on the analysis of the administration of CPTCM and patent applications related to CPTCM in Japan, it is proved that CPTCM can not obtain patent authorization in Japan. Through the comparison of patent in China, the United States, Europe and worldwide region, it is proved that China is still the main source of patent applications for Traditional Chinese Medicine. At the end of the article, the author puts forward the suggestion of "active protection". It is believed that we should abandon the concept of patent-only protection and improve the influence of Traditional Chinese Medicine in worldwide from the aspects of industrial development, promotion ofits application, and intellectual property protection.
