Traditional Chinese medicine is an important part of traditional medicine in China and a precious legacy of medical culture in China. The relevant departments in China have always attached great importance to the research, utilization and development of traditional Chinese medicine. Before the implementation of the Drug Administration Law and 1985 Measures for the Examination and Approval of New Drugs, there were more than 8,800 kinds of Chinese patent medicines approved by health administrative departments at all levels in China, with 3 1 dosage form. Aiming at the common problems such as different prescriptions with the same name, different names on the same side, inconsistent drugs and syndromes, unreasonable prescriptions and so on. Since 1986, more than 4,000 kinds of traditional Chinese medicines with reasonable formula, stable quality and exact clinical efficacy have passed the expert appraisal organized by the Ministry of Health, and the research and development of new traditional Chinese medicines has also increased year by year.
Advantages of traditional Chinese medicine variety protection
First of all, the protection requirements of traditional Chinese medicine varieties are low. Do not require novelty and creativity, only put forward specific requirements for drug efficacy; Secondly, the protection period is long. Although the protection period of the second-class varieties of traditional Chinese medicine is not as long as that of patent protection, the protection period of some first-class varieties of traditional Chinese medicine can be as long as 30 years, which is basically unlimited. Third, it promoted the implementation of the famous brand strategy. After the implementation of the Regulations on the Protection of Traditional Chinese Medicine Varieties, a number of well-known national medicine brands have emerged in China, which has enhanced the competitiveness of enterprises and injected new vitality into the traditional Chinese medicine industry.
Insufficient protection of traditional Chinese medicine varieties
First of all, the protection of traditional Chinese medicine varieties is not exclusive. According to the survey, 60% of the varieties protected by the state are exclusive production varieties and new drug varieties, and 40% of the protected varieties are produced by many companies. Secondly, it only applies to China, and it can't be in line with the international practice. After China's entry into WTO, with the rapid development of research and development of traditional Chinese medicine, the regulations on the protection of traditional Chinese medicine varieties have been difficult to meet the requirements of the times. It is only an administrative protection. When infringement occurs, we can only seek administrative relief.