New Problems of Intellectual Property during Innovation of Traditional Chinese Medicine

Abstract

Innovation of Traditional Chinese medicine (TCM) was proposed under market economy conditions. Hence, not only rules of market economy but also intellectual property law must be complied with. Innovation of TCM can be divided into two parts. One is the self innovation of TCM and the other is innovation based on knowledge and techniques of TCM. Both innovations have been presented with different questions of intellectual property derived from past events. Under market economy conditions where private rights are legitimate and interests must be maximized, a proper intellectual property legal system should be established for the innovation of TCM to protect and maintain this superior domain of China.