세계 시장에서 한약의 권리보호를 위한 정책적 제도에 관한 연구 - 중국 입법례를 중심으로 -

Abstract

As the increasing average life span of people around the world is making an aging society, medical expenditures of older people is growing rapidly. Nevertheless the development of modern medicine is brilliant, modern medicine keeps failing to cure chronic and terminal illness, so modern people is looking for ways to keep health during their long life. In this situation, the people is in favor of non-artificial natural remedies. They are showing interest to alternative medicine and traditional medicine which are natural and relatively cost effective compared to modern medicine. Based on these results, the market of traditional medicine including herbal medicines in Asia, Europe, North America showed an average 7.4% of annual growth and the scale in 2006 reached $245 billion. In the case of traditional medicine market, about $90 billion in 2006 had reached approximately $200 billion in 2011. Now, if this growth rate in market maintained, the officials forecasts it will be about $ 5 trillion in 2050. In this exploding market, Although China is the top of the world in the production of raw medicinal herbs, they occupy only 3~5% in a manufactured herbal product market of the world and even inferior to the Japan, USA, Europe which does not produce raw herbs. Knowing the seriousness, China has implemented a number of administrative system to be in the first place of manufactured herbal product market. Specifically, they has amended the patent law and made a thick administrative protection to protect the rights of traditional medicine in China. In contrast, despite South Korea has a strong traditional korean medical resources for many years and produces raw medicinal herbs, we are lacking of a systematic development of traditional medicine and thegovernment policies and laws. Therefore Korea is much behind to China, USA, Japan and Europe in a traditional medicine market in the world. Recently, the fields of alternative medicine and traditional medicine in the world are developing rapidly and the traditional market is also growing very fast. Besides, Traditional Korean medicine has shown some achievement like Jaseng hospital around the world. Therefore, Korea needs a government-wide effort for the globalization of Korean traditional medicine. Korean government have to establish the specific legislation system for the protection of the rights of traditional medicine by the requirements of the times. With reference to major countries around the world, especially considering the Chinese government's policy, we carefully analyze and suggest the regulations focusing on how to protect the commercial rights of traditional medicine. Finally, we have to set up the proper system for our country and need to redefine it and so, strong support and policy-planning of the government and continuous administrative effort of enactment of a special regulation is urgently needed.