Complementing the shortcomings of intellectual property protection, the development of Chinese medicine can "not lose the chain"
The performance of traditional Chinese medicine in the prevention and control of the new coronary pneumonia epidemic is remarkable. At the same time, the shortcomings in the protection of intellectual property rights of Chinese medicine have also 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 this year to improve the intellectual property protection system for Chinese medicine with Chinese characteristics.
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 traditional Chinese medicine traditional knowledge protection technology system as soon as possible, actively promoting the international process of traditional intellectual property protection, and establishing a special protection system for traditional Chinese medicine traditional knowledge.
"The intellectual property system plays an important role in the inheritance of innovation and the development of modern Chinese medicine, but there are indeed some areas that are not suitable for the actual situation and urgent research is needed." He Zhimin admitted that the protection of intellectual property rights in Chinese medicine in China covers patents, trade secrets, trademarks, geography Signs and other legal systems and administrative protection measures (new medicines, varieties of Chinese medicines), these forms of protection lack an organic connection, the linkage mechanism between Chinese medicine management and intellectual property management departments needs to be improved, and the protection and incentive of Chinese medicine innovation need to be strengthened , The effectiveness needs to be improved.
He specifically analyzed that in terms of patent protection, about 60% of patent applications in the field of Chinese medicine are submitted by individuals, and the quality of some patent applications needs to be improved.
"The patent system and examination rules established on the modern science and technology system have some misalignment with the protection of ancient traditional Chinese medicine with unique theoretical systems and practical needs." He Zhimin said that in addition, if there are major special circumstances such as epidemics, advance Disclosure of important prescriptions will make related patent applications lose their novelty, and relief space is limited under the current patent system.
In terms of trademark protection, it is common for some well-known Chinese medicine companies to have their trademarks registered overseas. In 2019, among the top 20 Chinese medicine companies in the list released by the National Pharmacy Week and China Pharmaceutical Innovation Development Conference, 5 enterprise trademarks were registered in a country, including Beijing Tongrentang 11 trademarks and Guangzhou Pharmaceuticals. 5 trademarks.
Regarding the protection of geographical indications of authentic medicinal materials, He Zhimin said that at present, China still lacks objective and accurate national standards for the quality and clinical efficacy of medicinal materials, and the evaluation system of authentic medicinal materials is not yet perfect. Insufficient, industrial development needs to be improved. "The protection, production, and processing of authentic medicinal materials are still in a spontaneous initial state, and most production enterprises are small in scale and low in added value."
In response to the above issues, He Zhimin suggested that the State Administration of Traditional Chinese Medicine and the State Intellectual Property Administration should thoroughly study the needs of the Chinese medicine industry for the development of the intellectual property system, and through measures such as innovative system design, improvement of laws and regulations, and strengthening of standardized guidance, take multiple measures. To form a Chinese characteristic intellectual property rights protection system for Chinese medicine.
"First of all, we must innovate the rules of the Chinese medicine patent protection system, strengthen the linkage between the Chinese medicine management and intellectual property management departments, establish a special review and protection directory for intellectual property rights, give priority protection to intellectual property law enforcement and Chinese medicine management, and promote the establishment of Chinese medicine patents. The extension of the protection period system." He Zhimin said, combining the characteristics of the field of traditional Chinese medicine and special protection needs, formulate rules for the examination of patents for traditional Chinese medicine, and promote the recognition and application of more countries and regions through international cooperation.
In addition, He Zhimin called for greater protection of Chinese medicine trademarks, establishing an early warning system for trademark squatting overseas, promptly sending warning messages to Chinese medicine enterprises, and urging relevant countries through diplomatic and foreign trade channels to combat squatting and cultivating more international influence s brand.
Regarding the protection of authentic geographical indication products of authentic medicinal materials, He Zhimin believes that the standardization and revision of authentic dual-use medicinal materials and edible and pharmaceutical products should be accelerated; the approval of the use of special indications for geographic indications should be standardized, and enterprises should be guided to conduct production and processing in strict accordance with relevant standards and management requirements; Carry out special actions for the protection of geographical indications and purify the market environment of authentic medicinal materials.
Finally, He Zhimin emphasized that it is necessary to establish a registration system for traditional Chinese medicine varieties based on the protection of traditional knowledge and trade secrets, apply confidentiality rules to establish special protection measures, and organically connect with intellectual property protection rules such as patents, trademarks, and geographical indications, and further strengthen law enforcement , Resolutely crack down on infringements, generally establish a five-fold punitive compensation system, and create an excellent business environment conducive to the innovation and development of traditional Chinese medicine.