The Study on Legislative Protection of Traditional Knowledge on Ethnic Medicine in China
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Traditional knowledge refers to the sum of know-how, techniques and skills that “traditional tribes” have created along with their development and evolution. How to protect traditional knowledge through legislation, especially how to bring it under intellectual property(“IP”) protection, is an issue of global concern. As the world’s largest developing economy, China is home to a large amount of traditional resources. Hence, it is necessary for China to make a thorough research on the characteristics and manifestations of traditional knowledge, as well as policies conducive to its protection, so as to gradually explore China-specific way of protecting traditional knowledge. Traditional knowledge associated with ethnic medicine takes the form of medical formula and compatibility of medicines, and covers ethnic medicine theory, medicine processing method, medical and medicinal formula, folk recipe and treatment technology. As the result of ingenious creation of minorities, it is of enormous economic value and carries immeasurable IP benefits. Therefore, the legislative efforts to protect traditional ethnic medicine is instrumental in carrying forward, protecting and exploiting precious cultural and scientific heritages of all minorities groups. Once enabling legislation is in place, traditional ethnic medicine will flourish and play a bigger role in improving public health-care. Moreover, ethnic communities would witness quickened social and economic progress if they were assured of the IP benefits deriving from their traditional knowledge. Though China has made some achievements in the legislative effort to protect traditional medicine, there is still much to be improved, especially when it comes to traditional ethnic medicine protection. For the lack of specific rules, the current rules are too obsolete to keep pace with the latest developing trend. So China is expected to make more efforts to protect traditional ethnic medicine and its related intellectual property, so that the traditional ethnic medicine in China would keep pace with the times and the international practice.
Abstract
Traditional knowledge refers to the sum of know-how, techniques and skills that “traditional tribes” have created along with their development and evolution. How to protect traditional knowledge through legislation, especially how to bring it under intellectual property(“IP”) protection, is an issue of global concern. As the world’s largest developing economy, China is home to a large amount of traditional resources. Hence, it is necessary for China to make a thorough research on the characteristics and manifestations of traditional knowledge, as well as policies conducive to its protection, so as to gradually explore China-specific way of protecting traditional knowledge. Traditional knowledge associated with ethnic medicine takes the form of medical formula and compatibility of medicines, and covers ethnic medicine theory, medicine processing method, medical and medicinal formula, folk recipe and treatment technology. As the result of ingenious creation of minorities, it is of enormous economic value and carries immeasurable IP benefits. Therefore, the legislative efforts to protect traditional ethnic medicine is instrumental in carrying forward, protecting and exploiting precious cultural and scientific heritages of all minorities groups. Once enabling legislation is in place, traditional ethnic medicine will flourish and play a bigger role in improving public health-care. Moreover, ethnic communities would witness quickened social and economic progress if they were assured of the IP benefits deriving from their traditional knowledge. Though China has made some achievements in the legislative effort to protect traditional medicine, there is still much to be improved, especially when it comes to traditional ethnic medicine protection. For the lack of specific rules, the current rules are too obsolete to keep pace with the latest developing trend. So China is expected to make more efforts to protect traditional ethnic medicine and its related intellectual property, so that the traditional ethnic medicine in China would keep pace with the times and the international practice.
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