IP Protection of Traditional Knowledge: A Dilemma Faced by the Chinese Traditional Medicine in Global Competition

Abstract

Traditional Chinese medicine (TCM) refers to medicine extracted from natural material, such as plants, animals, and minerals. The invention of TCM follows unique principles and methods inherited from the ancient China. This chapter discusses a dilemma faced by TCM in global market competition. One on hand, based on the extensive Chinese medicine literature, practices, and therapies, TCM enjoys traditional knowledge-based advantages. On the other hand, in facing underdeveloped intellection protect (IP) protection both at home and abroad, TCM suffers from institutional disadvantages in global competition. It seems difficult for TCM to maintain traditional knowledge-based advantages and to push global integration without IP protection at the same time - a dilemma that needs to be resolved for the development of TCM. Building on a case study of a famous Chinese herbal medicine, Lianhua Qingwen, we explain the nature of the dilemma and provide advice for the future of TCM in global competition.