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1. Patent Law and Traditional Chinese Medicine: Problems in the Identification of Inventions and the Remedies.

Author

Chen Yi Fu

Subjects
PATENT law, CHINESE medicine, PATENT applications, DOCTRINE of equivalents (Patent law), LEGAL remedies, AYURVEDIC medicine, MEDICINE, TRADITIONAL medicine, MEDICAL laws, LAW
Abstract

The article discusses the reported incompatibilities between the patent laws in China and traditional Chinese medicine (TCM) as of 2014, focusing on the identification of TCM in a patent application, a doctrine of equivalence, and various remedies under Chinese law. Intellectual property rights are addressed in relation to the World Health Organization, TCM, and Indian ayurveda. The difficulties associated with patenting traditional medicines are mentioned, along with TCM patent examination.

Published
2014

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