Protecting Traditional Chinese Medicine’s Traditional Knowledge: an Application Research of Benefit-sharing Right

Abstract

The research of this paper helps to effectively protect the utilization of traditional Chinese medicine knowledge and guarantee fair and equitable sharing of the benefits arising from the use of traditional Chinese medicine knowledge. By interpreting the legal meaning of traditional Chinese medicine knowledge protection system in the "Law on Traditional Chinese Medicine ", the paper concludes that benefit-sharing right is the core issue in the modern use and protection of traditional knowledge, and then puts forward the design ideas and contents of the application rules for the benefit-sharing rights of traditional Chinese medicine knowledge. Using literature research method and expert consultation method, the paper finds the urgent need to practice benefit-sharing rights of traditional Chinese medicine knowledge. On this basis, the scheme of informed consent and interest sharing of traditional Chinese medicine knowledge is proposed to safeguard the interests of the holders.