Chinese medicine novel coronavirus pneumonia epidemic prevention and control performance in a dazzling. At the same time, the protection of intellectual property rights in traditional Chinese medicine has attracted more attention.
He Zhimin, member of the Standing Committee of the CPPCC National Committee and deputy director of the State Intellectual Property Office, brought a proposal on improving the intellectual property protection system of traditional Chinese medicine with Chinese characteristics in 2020.
This is not a new topic. As early as a few years ago, Zhang Boli, academician of the Chinese Academy of engineering, called for the establishment of a technical system for the protection of traditional Chinese medicine knowledge as soon as possible, actively promote the international process of the protection of traditional intellectual property rights, and establish a special protection system for traditional Chinese Medicine knowledge.
"The intellectual property system plays an important role in inheriting, innovating and developing modern Chinese medicine, but there are some places that do not adapt to the actual situation, which need further study." He Zhimin said frankly that China's intellectual property protection of traditional Chinese medicine covers patent, trade secret, trademark, geographical indication and other legal systems and administrative protection measures (new drugs, varieties of traditional Chinese Medicine). There is a lack of organic connection between these forms of protection. The linkage mechanism between traditional Chinese medicine management and intellectual property management departments needs to be improved, and the efforts to protect and encourage innovation of traditional Chinese medicine need to be strengthened with good results To be promoted.
He specifically analyzed that in terms of patent protection, about 60% of patent applications in the field of traditional Chinese medicine are submitted by individuals, and the quality of some patent applications still needs to be improved.
"There are some dislocations between the patent system and examination rules established in the modern science and technology system and the ancient traditional Chinese medicine protection with unique theoretical system and practical needs." He Zhimin said that in addition, in case of major special circumstances such as epidemic situation, the disclosure of important prescriptions in advance will make the relevant patent application lose its novelty, and there is limited space for relief under the current patent system.
In terms of trademark protection, the trademarks of some well-known Chinese medicine enterprises are widely registered overseas. In 2019, among the top 20 Chinese medicine enterprises in the list released by national pharmacy week and China Pharmaceutical Innovation and development conference, 5 were registered in a certain country, including 11 registered trademarks of Beijing Tongrentang and 5 registered trademarks of Guangzhou Pharmaceutical.
In terms of geographical indication protection of genuine medicinal materials, he Zhimin said that at present, there is a lack of objective and accurate national standards for the quality and clinical efficacy of medicinal materials in China, the evaluation system of genuine medicinal materials is not perfect, the overall planning and layout of germplasm resources construction are insufficient, and the industrial development needs to be improved. "The protection, production and processing of genuine medicinal materials are still in a spontaneous initial state. Most of the production enterprises are small in scale and low in added value."
In view of the above problems, he Zhimin suggested that the State Administration of traditional Chinese medicine and the State Intellectual Property Administration should further study the demand of the development of traditional Chinese medicine industry on the intellectual property system, and take multiple measures to form the intellectual property protection system of traditional Chinese medicine with Chinese characteristics through innovative system design, improving laws and regulations, strengthening normative guidance and other measures.
"First of all, we need to innovate the rules of patent protection system of traditional Chinese medicine, strengthen the linkage between the administration of traditional Chinese medicine and the administration of intellectual property, establish a directory of special examination and protection of intellectual property, give priority to the protection in the enforcement of intellectual property rights and the Administration of traditional Chinese medicine, and promote the establishment of the extension system of patent protection period of traditional Chinese medicine." He Zhimin said that, in combination with the characteristics of the field of traditional Chinese medicine and special protection needs, the rules for patent examination of traditional Chinese medicine should be formulated, and more countries and regions should be recognized and applied through international cooperation.
In addition, he Zhimin called for the strengthening of trademark protection of traditional Chinese medicine, the establishment of an early warning system for overseas rush to register trademarks, the timely issuance of early warning information to traditional Chinese medicine enterprises, and the urging of relevant countries to combat rush to register through diplomatic and foreign trade channels, so as to cultivate more brands with international influence.
In terms of the protection of geographical indication products of genuine medicinal materials, he Zhimin believes that it is necessary to speed up the formulation and revision of the standards for the products of genuine medicinal materials and dual-use food and medicine; standardize the approval of the use of special geographical indication signs, guide enterprises to carry out production and processing in strict accordance with the relevant standards and management specifications; develop special actions for geographical indication protection, and purify the market environment of genuine medicinal materials.
Finally, he Zhimin stressed that it is necessary to establish a traditional Chinese medicine variety registration system based on the protection of traditional knowledge and trade secrets, apply confidentiality rules to establish special protection measures, and organically link up with intellectual property protection rules such as patents, trademarks, geographical indications, etc., further strengthen law enforcement, resolutely crack down on violations, generally establish a five times punitive compensation system, and create a system conducive to traditional Chinese medicine Good business environment for pharmaceutical innovation and development.

                                                                                                                                                   Source: Science and Technology Daily
[warm tip] the source of the image and text is science and technology daily. The copyright belongs to the original author. If there is any problem, please contact us for modification or deletion. Thank you.