The state council issued a plan to accelerate the building of a strong country for intellectual property

Promoting the construction of traditional Chinese medicine knowledge protection system

2018-11-14 China journal of traditional Chinese medicine

Recently, the state council promulgated the in-depth implementation of national intellectual property strategy in 2018 To speed up the construction of intellectual property rights power promotion project ", which explicitly, promote traditional knowledge protection of traditional Chinese medicine database and protection list, the protection system of construction work, strengthen the ancient classic square type of protection of intellectual property rights of TCM, promote the construction of traditional Chinese medicine (TCM) industry intellectual property alliance.

The plan clarifies the division of tasks for this work, pointing out that the state administration of traditional Chinese medicine, the state intellectual property office and the ministry of industry and information technology are responsible.

Traditional knowledge of traditional Chinese medicine is a precious resource of the Chinese nation, a scientific treasure of ancient China, and a core element of the inheritance and development of traditional Chinese medicine. How to establish a system parallel with the modern intellectual property system and complement each other, and how to solve the problem that the modern intellectual property system cannot protect the "malpractice" of traditional Chinese medicine processing technology and the special therapeutic effect of famous medical prescriptions and prescription tests, has always been a topic concerned by the industry.

In recent years, relevant departments have recognized the importance of specialized protection of traditional Chinese medicine knowledge and made relevant arrangements. The Chinese medicine law clearly requires the state to establish a database of traditional Chinese medicine knowledge protection, protection list and protection system. The outline of the strategic plan for the development of traditional Chinese medicine (2016-2030) emphasizes the need to strengthen the protection and mining of traditional Chinese medicine knowledge. The promotion plan once again emphasizes the promotion of traditional Chinese medicine knowledge protection database, protection list and protection system construction, which reflects the high attention paid to this work.

Deng yong, a law professor at Beijing university of traditional Chinese medicine, and ao lidan of China university of political science and law have written that the patent system protects the limitations of classic famous prescriptions. The article points out that the traditional Chinese medicine's patent protected object mainly includes: the effective extraction compound of the traditional Chinese medicine; The classic formula is made into the effective extraction part of the medicine; Ingredient composition and manufacturing method of classic famous recipe. The patent system has certain limitations to protect the classic famous recipe. For example, the ingredients of traditional Chinese medicine are not as clear as those of western medicine, and the mechanism of action of many traditional Chinese medicine classic famous recipe is unclear, so it is difficult to pass the patent examination.

The implementation of the plan will hopefully improve this phenomenon. The plan clearly calls for strengthening the protection of intellectual property rights of ancient famous traditional Chinese medicine preparations, and stresses the need to improve the long-term working mechanism of intellectual property protection in the management of major scientific and technological projects such as the creation and manufacture of new drugs.