As crucial part of traditional Chinese medicine(TCM),TCM knowledge encompassing health,economic,scientific,technological,cultural and ecological values.However,it currently encounters a dual challenge:improper appropriation and utilization by foreign entities,alongside insufficient domestic inheritance and protection.The current legal system falls short of ensuring comprehensive protection of TCM knowledge,thus necessitating the establishment of a specialized protection system.This system must solve four core problems:defending against foreign encroachment and misappropriation,protecting the rights of the TCM knowledge holders while regulating the acquisition and utilization of knowledge,reconciling conflicts between holders'interests and societal well-being,and navigating the interface with the current legal system.In view of this,it is proposed that the specialized protection system for TCM knowledge should encompass four aspects:a defense mechanism to block improper foreign patent applications,mechanisms to protect the knowledge holders'rights,mechanisms to balance the interests between holders and the societal public interests,and mechanisms to integrate with the existing legal system.Through the implementation of these mechanisms,the aim is to promote the protection,inheritance,innovation and advancement of TCM knowledge.
traditional Chinese medicine knowledgespecialized protectionintellectual propertybalance of interestsright of holders
万方数据
维普
