To some extent, TCM researchers in China pay more attention to achievements than protection. Due to some researchers' weak awareness of patent protection and lack of initiative to protect intellectual property rights, many effective TCM therapies and prescriptions summarized through long-term empirical research have been made public, resulting in a situation of free use and unclear property rights. Finally, many Chinese medicine knowledge wealth is lost or occupied, and Chinese medicine enterprises pay more attention to the market than protection to a certain extent.
Some Chinese medicine enterprises lack sufficient attention to the property rights in the knowledge industry, and some enterprises think that marketing is more important than trademarks and patents. I'd rather invest in the marketing of products. Unwilling to invest in patent application and property rights protection: In order to attract foreign investment, some enterprises share Chinese medicine knowledge with foreign investors at the expense of intellectual property rights and exchange technology for funds, which makes China's Chinese medicine industry lack unique competitiveness in the world.
For example, 200 1 Jinlong capsule was copied, so we should learn from it. The laws and regulations on intellectual property protection of traditional Chinese medicine are not perfect.
As a kind of traditional knowledge, TCM knowledge has its particularity. China's patent law has a small scope of patent protection for traditional Chinese medicine, which stipulates that the diagnosis and treatment of diseases cannot be the object of patent rights, which makes it difficult to obtain patent rights for traditional Chinese medicine knowledge and protect it by law.
The patent law requires that the patent applied for protection should be novel, creative and practical. Patent examination is strict. The threshold is too high. It is difficult to operate. In addition, China's patent system adopts the policy of disclosure before confidentiality, that is, before the patent is granted, the details of the new patent will be made public, which is unfavorable to the knowledge of Chinese medicine. Once it is made public, it will be easily copied. All these have greatly reduced the initiative and enthusiasm of Chinese medicine enterprises and researchers to apply for patents to protect property rights.
Introduction to the origin of traditional Chinese medicine;
Chinese medicine came into being in primitive society. During the Spring and Autumn Period and the Warring States Period, the theory of traditional Chinese medicine has basically taken shape, and branches of anatomy and medicine have emerged, adopting the "four diagnoses". Treatment methods include Bian Shi, acupuncture, decoction, moxibustion, guidance, gas distribution and wishing. Moreover, since ancient times, there has been a saying that "medicine and Taoism are interlinked".
Traditional Chinese medicine bears the experience and theoretical knowledge of ancient people in China in fighting diseases. It is a medical theoretical system gradually formed and developed through long-term medical practice under the guidance of ancient naive materialism and spontaneous dialectical thinking. Traditional Chinese medicine is a traditional medicine in China. Traditional Chinese medicine refers to the medicine of Han nationality, and the traditional medicine in China should also include Tibetan medicine, Mongolian medicine, Zhuang medicine, Yi medicine and so on.
The characteristics of TCM are: a unique theoretical system with Yin and Yang and five elements as reasoning tools, meridians, viscera and qi and blood as morphological and functional basis, seven emotions and six evils as the cause, and the imbalance between Yin and Yang and the dispute between evil and righteousness as the main contradiction; A variety of treatment methods, including oral and external medication, acupuncture, massage, qigong and so on.
And the clinical treatment principle of "syndrome differentiation and treatment" which embodies the holistic view of traditional Chinese medicine, including principle, method, prescription and medicine. Traditional Chinese medicine (TCM) is called China medicine or Oriental medicine in Japan, and Oriental medicine in Korea and Viet Nam, and it has become a traditional medicine with national characteristics in these countries.