Chinese medicine patent is in dilemma for foreign encroachment industry

Source: on 02 / 10 / 2015, for the pharmaceutical industry, the culture with real intellectual property rights in China should be traditional Chinese medicine However, at present, traditional Chinese medicine has been marginalized in China Some people even deny traditional Chinese medicine with scientific stick The prospect of traditional Chinese medicine is worrying On the other hand, the latest data provided by the research team of the State Intellectual Property Office is alarming: China is a big country of Chinese herbal medicine, but hundreds of Chinese herbal medicine projects have been patented by foreign companies This point, from the "law on traditional Chinese medicine (Draft for comments)" that is being formulated, especially the need to further strengthen the protection of traditional Chinese medicine patents, has fully revealed the national level concerns about this According to Fang Shuting, President of China Association of traditional Chinese medicine, "from the perspective of international rules for the protection of intellectual property rights of traditional Chinese medicine, strengthening the protection of intellectual property rights of traditional Chinese medicine is the fundamental way out for its healthy development." According to the industry's dilemma reporter, in the first three quarters of 2014, the total output value of the traditional Chinese medicine industry was the same as that of the whole year of 2013, but the year-on-year growth rate still showed a downward trend Among them, 11 provinces showed a downward trend in the production of traditional Chinese medicine, and 9 provinces showed a downward trend in the production of decoction pieces Fang Shuting's understanding of this is that "insufficient intellectual property protection and product innovation and other reasons have gradually become the bottleneck of the development of the whole traditional Chinese medicine industry." What's more worth thinking is that under the guidance of market orientation, the special confidentiality laws such as national secret prescription protection and traditional Chinese medicine variety protection adopted by traditional Chinese medicine will always be covered in the veil? Once the government protection is lost, what will happen? After all, traditional Chinese medicine variety is like a "double-edged sword" At the same time, it also restricts the second development of pharmaceutical enterprises The head of a traditional Chinese medicine enterprise in Guangdong told reporters: "only by such protection can we earn a full pot But according to the patent law, once the protection expires, the patent will become a public resource This leads some enterprises to give up patent application for fear that their core technology will be copied or secretly applied " He said frankly that the so-called "double-edged sword" means that if we want to be exclusive for a long time, we must make sacrifices in terms of technological improvement and innovation, improvement of production technology, etc However, how long is such protection? There is no answer But internationally, the encroachment of TCM patents has never stopped With the exception of Jilin ginseng royal jelly becoming the patent of American, Liushenwan being imitated by Japan to develop jiuxinwan and apply for patent, the new statistics released by the State Intellectual Property Office make it difficult for the industry to calm down Li Zhenjiang, chairman of Shenwei Pharmaceutical Group, said: "if the patent of traditional Chinese medicine does not reach the international stage and enterprises do not pay enough attention to it, it is difficult to protect the industrialization of traditional Chinese medicine." Shenwei pharmaceutical industry is one of the national intellectual property medicine pilot units Shenwei's Qingkailing injection, Shenmai injection and other key products have core patent technology Some analysts also believe that "the lack of a perfect patent system in the traditional Chinese medicine industry is the root cause." They suggested that the state should implement special examination regulations for traditional Chinese medicine, establish a coordination mechanism for the protection of intellectual property rights of traditional Chinese medicine, and advocate and support international patent applications for traditional Chinese medicine At the same time, professional organizations should be organized to study, excavate and sort out the empirical prescriptions of famous and old traditional Chinese medicine scattered among the people, and appropriate measures should be taken to form independent intellectual property protection to prevent the continuous loss of intellectual property rights of traditional Chinese medicine It is difficult to protect the international patent of traditional Chinese medicine for standard track laying There is an unspeakable pain behind it: the lack of industry standard Without standard, patent protection is like "building a tower on sand" On January 9, good news came out of Shenzhen: Shenzhen health and Family Planning Commission announced that six Chinese medicine "landmarks" have been successfully approved as international standards Eight experts of the National Technical Committee for standardization of traditional Chinese medicine have voted for approval, which is expected to be approved by the National Standardization Management Committee and issued as national standards "Shenzhen has formulated unified standards on the coding systems of Chinese herbal pieces, logistics codes and international barcodes, and promoted the standardization, standardization and informatization of the service system of Chinese medicine." Shenzhen Institute of standards and technology has been undertaking the relevant work of the international organization for standardization of Chinese medicine Standardization Technical Committee, said Lu Hongfeng, director of the Institute, which provides technical standards and strong support for promoting the development of Chinese medicine industry It is understood that after winning the vote of many countries, the international organization for standardization of traditional Chinese medicine technical committee announced the establishment of two standards of traditional Chinese medicine, i.e the code of traditional Chinese medicine and the code of formula granules of traditional Chinese medicine The person in charge of the above-mentioned enterprise said frankly: "their company has the production of Chinese herbal pieces, because Western medicine and Chinese patent medicine varieties have barcode identification, but only the pieces do not have, and there is no relevant standard, and the standard and specification of Chinese herbal quality is the key to promote its modernization development, without the corresponding standard, it is difficult to avoid the good and bad products flooding the market." What's more, how can traditional Chinese medicine without standards be accepted by the world? When it comes to standards, there is a phenomenon worthy of vigilance At present, many enterprises claim to practice the modernization of traditional Chinese medicine They should adopt the standards of Western medicine to study the ingredients, pharmacology and efficacy of traditional Chinese medicine, and use the standards of Western medicine to make traditional Chinese medicine "The standardization of traditional Chinese medicine must not be based on the theory of ingredients, but on the clinical manifestations." A senior executive of a century old Chinese medicine company asked the reporter, is the Chinese traditional medicine that has been verified by body for thousands of years not as good as the sample clinical trial followed by western medicine? Ginseng has been studied for at least 100 years, so far, its composition and function have not been really understood, but this has not affected its application "Chinese and Western medicine are two distinct systems, which are applicable to different standards, but they can use modern scientific and technological means The formulation of standards of traditional Chinese medicine should be self-centered, track abroad, push the standards of traditional Chinese medicine to the world, let other countries' people recognize and accept traditional Chinese medicine, and never copy Western standards " Li Zhenjiang said He suggested that enterprises should take the initiative to carry out secondary development and post market re evaluation, clarify the product mechanism and related basic research, give it new connotation, and then apply for patents By greatly improving the quality standards of Chinese medicine confidential varieties, we can build technical barriers and realize the industrialization of new technologies, new processes and new standards