Strengthen the Construction of Intellectual Property System of Traditional Chinese Medicine

The business agency learned from the State Administration of Traditional Chinese Medicine on February 24th that the Bureau and the State Intellectual Property Office have jointly issued the "Guiding Opinions on Strengthening the Intellectual Property Rights of Chinese Medicine" (hereinafter referred to as the "Guiding Opinions"). Guiding ideas, overall goals, basic principles, major tasks, and work measures of the IPR work of TCM are proposed to further improve the existing IPR system and gradually establish traditional Chinese medicine traditional knowledge and TCM resources that are consistent with the characteristics of TCM. The protection system forms a comprehensive protection and utilization system for the intellectual property rights of traditional Chinese medicine, and enhances the ability to create, use, protect and manage intellectual property in the Chinese medicine industry.

The “Guidance Opinion” proposes that the strengthening of the IPR work of TCM will be based on the combination of the current system and the special system, the combination of strengthening protection and rational use, and the basic principle of international cooperation and protection of rights and interests, and strengthening the construction of the legal system of intellectual property of Chinese medicine. The main task is to strengthen guidance and services for intellectual property rights in Chinese medicine, to strengthen the creation and application of intellectual property rights in traditional Chinese medicine, and to protect traditional knowledge in traditional Chinese medicine.

To this end, the "Guiding Opinions" proposes 11 concrete measures to comprehensively strengthen the intellectual property rights of Chinese medicine.

First, establish and improve the intellectual property protection system of Chinese medicine. Promote the legislative process of Chinese medicine, establish a system for the protection of traditional knowledge of traditional Chinese medicine, and promote the regulations on the management of traditional knowledge of traditional Chinese medicine. Further promote the implementation of policies on intellectual property rights of Chinese medicine in government pricing, drug bidding, financial support, tax incentives, and trade promotion.

Second, carry out studies on the theory, policy and legal system of intellectual property protection of Chinese medicine. The study on the adaptability of the characteristics of knowledge and intellectual property protection of traditional Chinese medicine and the theoretical research on the special system of traditional Chinese medicine knowledge protection. Improve the examination standards for Chinese patents for inventions and incorporate them into our country’s patent examination practices as soon as possible.

Third, improve the intellectual property management mechanism of Chinese medicine. The Chinese medicine administrative departments and Chinese medicine companies and public institutions shall have special departments or persons responsible for intellectual property rights; establish and improve rules and regulations for the management of intellectual property rights of Chinese medicine, and establish special funds to support intellectual property work.

Fourth, train the intellectual property talent team of Chinese medicine. Chinese medicine is encouraged to sell far and open intellectual property related courses. Support conditional sales to gradually establish corresponding specialties, and plan to develop comprehensive and international intellectual talents in the intellectual property of Chinese medicine.

Fifth, nurture intellectual property service institutions of Chinese medicine. Guide intellectual property agencies, science and technology intermediary agencies, and information service agencies to carry out intellectual property rights services for Chinese medicine, promote the acquisition and transformation of intellectual property rights of Chinese medicine, and meet the needs of economic and social development. Strengthen the academic research and exchange of intellectual property rights of Chinese medicine and support the establishment of a national intellectual property academic organization or trade association.

6. Strengthen the management of intellectual property rights in the whole process of Chinese medicine research. The application of the TCM science and technology projects for project approval, process implementation, and acceptance assessment shall include the intellectual property rights of TCM as an important indicator. The identification and assessment of traditional Chinese medicine clinical research bases, key research laboratories (labs), and key disciplines are important contents in the creation, application, protection, and management of intellectual property.

VII. To carry out research on the traditional knowledge protection technology of traditional Chinese medicine. Gradually establish a list of traditional Chinese medicine protection of traditional knowledge, a list of unique signs and symbols of traditional Chinese medicine, and further carry out research on the protection of traditional Chinese medicine and other special areas of traditional Chinese medicine.

VIII. To strengthen the protection, development and use of authentic medicinal materials. We will give full play to the important role of related systems in the protection of medicinal materials in order to promote the transformation of local and human resources with local characteristics that are related to Chinese medicine into local productive forces. Gradually establish authentic Chinese medicine certification system.

9. Strengthen the management of intellectual property rights in international cooperation and trade in Chinese medicine. We will establish and improve international cooperation and cooperation mechanisms for trade protection of intellectual property rights, and continuously improve foreign investment and technology-specific export policies in the field of Chinese medicine. Establish and improve the system for the examination and verification of intellectual property rights in the internationalization of traditional Chinese medicine to prevent the improper disclosure and loss of the traditional knowledge and innovative achievements of traditional Chinese medicine.

X. The international process of promoting the protection of intellectual property rights of Chinese medicine. Encourage enterprises and scientific research institutions to conduct in-depth research and make full use of the intellectual property rights of major trade and co-operative countries or regions, and effectively protect traditional knowledge and innovation of traditional Chinese medicine in foreign trade cooperation. Strengthen international exchanges and cooperation, actively explore the establishment of a win-win mechanism for interests in international cooperation in Chinese medicine, actively participate in the formulation of international rules and standards related to intellectual property protection of Chinese medicine, and promote the internationalization of intellectual property protection of Chinese medicine.

11. To carry out propaganda and popularization of knowledge related to intellectual property of Chinese medicine. All localities must vigorously publicize the basic knowledge of IPR by means of training courses, seminars, continuing education, and related pilot programs to improve the ability of the Chinese medicine industry to create, use, protect, and manage intellectual property.