Protecting traditional knowledge of Chinese medicine: concepts and proposals

Abstract

With the development of the knowledge economy, knowledge has become one of the most important resources for social progress and economic development. Some countries have proposed measures for the protection of their own traditional knowledge. Traditional Chinese medicine belongs to the category of intangible cultural heritage because it is an important part of Chinese cultural heritage. Today the value of traditional knowledge of Chinese medicine has been widely recognized by the domestic and international public. This paper discusses the definition of traditional knowledge of Chinese medicine and its protection, and evaluates research on its classification. We review the present status of the protection of traditional knowledge of Chinese medicine and tentatively put forward some possible ideas and methods for the protection of traditional knowledge of Chinese medicine. Our goal is to find a way to strengthen the vitality of traditional Chinese medicine and consolidate its foundation. We believe that if we could establish a suitable sui generis(BoldItalic is a Latin term meaning “of its own kind” and is often used in discussions about protecting the rights of indigenous peoples. Here we use it to emphasize the fact that protection of traditional knowledge of Chinese medicine cannot be achieved through existing legal means of protection alone due to its unique characteristics) system for traditional knowledge, a more favorable environment for the preservation and development of traditional Chinese medicine will ultimately be created.

Keywords

protection of traditional knowledge / traditional Chinese medicine / intellectual property / sui generis system

References

[1] Intellectual property needs and expectations of traditional knowledge holders—WIPO report on Fact-Finding Missions on Intellectual Property and Traditional Knowledge. WIPO Publication1998-1999; 768E: 25-26

[2] Ministry of Culture introduces the situation of protection of intangible cultural heritage in China.http://news.sina.com.cn/c/2005-04-26/11356496690.shtml (in Chinese)

[3] Zheng CS. Traditional knowledge and protection for two types of intellectual property. Intellectual Property, 2002; (4): 3-5 (in Chinese)

[4] Correa CM. Traditional knowledge and intellectual property. Geneva:The Quaker United Nations Office (QUNO),5-9

[5] Intellectual property and traditional knowledge. WIPO Publication No. 920E. 1

[6] Intellectual property and traditional knowledge. WIPO Publication No. 920E. 31

[7] Carlos MCorrea. Traditional knowledge and intellectual property. Geneva: The Quaker United Nations Office (QUNO),17

Acknowledgements

Thanks to the contribution to this article by Shelley Ochs, M.D. Candidate in the China Institute of History and Literature of Chinese Medicine, China Academy of Chinese Medical Sciences, who carefully validated the English translation of this article and made it more fluid.

RIGHTS & PERMISSIONS

2014 Higher Education Press and Springer-Verlag Berlin Heidelberg