Traditional Chinese medicine industry needs to patent layout

Time: 2016-01-28

Source: intellectual property rights

Author: horse governance

Recently, tu won the Nobel Prize, and the method of traditional Chinese medicine of the People's Republic of China (draft) \"issued draft and a series of events, caused the social from all walks of life to traditional Chinese medicine industry a new round of attention. As health industry, traditional Chinese medicine industry will play a pivotal role in the future, need for intellectual property rights guide and layout as soon as possible, the first need to pay attention to the patent strategy.

In traditional Chinese medicine as the gem of the Chinese nation, is not only a representative of the Chinese nation excellent traditional culture, and after thousands of years of practice has proved, suitable for the Chinese medical and health care. In today's marketization and internationalization, must walk the road of industrialization development of Chinese medicine, follow the market rules and the use of all conducive to the development of its legal system. The patent system as a protection system innovation, how to play a role in the industry of Chinese medicine, is worth thinking seriously.

For the patent system promotes the development of traditional Chinese medicine industry, the industry has a different point of view, but it highlights three misunderstandings: the first part is the researchers one-sided understanding of science, deny that the science of traditional Chinese medicine, said \"I don't believe in traditional Chinese medicine\", nature also don't support the patent system to promote development of TCM industry. The second is some people think that traditional medicine is not suitable for innovation, lack of patent \"sex\" requirements, not suitable for by submitting an application for a patent for protection. If you use patent system protected, you must add innovative elements, referred to as the modernization of traditional Chinese medicine, western medicine theory is introduced and technology innovation of traditional Chinese medicine may submit an application for a patent for. Third, some people think that by the patent system without the need for protection of traditional Chinese medicine, Chinese medicine is a traditional culture and traditional knowledge, has a protection system in the process of generation, can continue to use. The author believed that the first person point of view is not desirable; The second kind of people do not understand the characteristics of TCM, the one-sided understanding of modernization, westernization of Chinese medicine, this to a certain extent can cause the Chinese medicine industry die; The third kind of people do not have in-depth study of modern law of development of Chinese medicine, simple exclusive patent system, is not conducive to the industrialization of traditional Chinese medicine.

Traditional Chinese medicine industry should make full use of patent system, take the initiative to develop and implement the strategy of industry development at home and abroad. First of all, the industry of traditional Chinese medicine have go global demand. As the Chinese traditional culture of Chinese medicine and medical technology, far-reaching, radiation in southeast Asia, Japan, South Korea, India and other countries and regions. Moreover, traditional Chinese medicine industry in recent years gradually by the United States, Europe, Australia and other countries and regions. These countries and regions in the international market and compete in China, one of the main means of competition is to make full use of patent system for traditional Chinese medicine patent layout, construction of patent barriers to our country industry of Chinese medicine. As of April 2014, the United States, Japan, South Korea, India, France, Germany and other countries the applicant for field of traditional Chinese medicine in China to submit application for a patent, a total of 1604 authorized, the patent authorization number in the top three countries are Japan, the United States, South Korea. According to the U.S. patent and trademark office patent data, 1976 to June 2014, the United States authorized patent applications of 689 pieces of Chinese medicine, the right holder from 21 countries (regions), the largest holder of the United States. The traditional Chinese medicine industry in China by foreign patent restrictions or itself can not make full use of the patent system and cause the market competitive advantage.

Second, make full use of the patent system is a sign of maturity of Chinese medicine industry. If only in the original scope of Chinese medicine development, may demand for patent system degree is not high. But since to industrialization, we need to strengthen the self protection and prevent abuse of the patent system, others must attach importance to the patent, strategically to those in the process of industrialization can't through the way of business secret, KouChuanXinShou protection of traditional Chinese medicine, to respect basic principles of Chinese medicine on the basis of innovation, make it in conformity with the patent \"sex\", to obtain patent protection, to do big business.

Finally, also need the patent strategy of Chinese medicine led. Industry is the industry of traditional Chinese medicine, is not only the health industry, is also the cultural industry; Is the traditional industry and sunrise industry; Is the advantage industry and competitive industry. To the industrial advantage of traditional Chinese medicine into patent advantage, with the aid of patent strategy guide, layout and escort, internally strengthen patent creation, utilization, protection and management, external strengthen patent risk prevention and early warning.