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Inadequacy of Patent Regime on Traditional Medicinal Knowledge—A Diagnosis of 13-Year Traditional Medicinal Knowledge Patent Experience in China

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This article is intended to reveal the root problems that prevent traditional knowledge from being effectively protected by a patent regime. A close review of the 13-year Chinese patent experience on traditional medicinal knowledge is made for this purpose. Through examination of characteristics of traditional medicinal knowledge in China, the article argues that novelty is not a primary barrier for patent protection; rather, patentability and industrial application are the key obstacles. Given the unique characteristics of traditional medicinal knowledge, it is necessary to establish a sui generis regime to protect traditional medicinal knowledge better.
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Keywords: China; inadequacy; patent regime; traditional medicinal knowledge

Document Type: Research Article

Affiliations: 1: World Trade Institute 2: Hunan University

Publication date: 2007-03-01

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