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PERSPECTIVE article
Front. Pharmacol.
Sec. Ethnopharmacology
Volume 16 - 2025 | doi: 10.3389/fphar.2025.1545986
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As an important carrier of traditional Chinese medicine (TCM) knowledge, TCM prescriptions is the crystallization of the wisdom of Chinese medical practitioners through the ages, and occupies a pivotal position in the traditional knowledge system of Chinese medicine in China. However, under the current legal framework, despite the establishment of intellectual property rights system and the adoption of the Law of the People's Republic of China on Traditional Chinese Medicine, which provide a certain legal foundation for the protection of TCM, these systems still face difficulties in providing adequate and effective protection for TCM prescriptions in practical operations. Based on this, this paper will adopt the comparative research method and literature analysis method to deeply explore advanced systems in other countries for the protection of traditional medicine knowledge and to identify the shortcomings and deficiencies of the current systems in China. On this foundation, the paper will focus on discussing how to improve and upgrade China' TCM prescription protection system through both active improvement measures and passive defense measures. The goal is to prevent improper utilization of China's TCM prescriptions by other countries while also facilitating China's TCM enterprises to enter the international arena, enhancing China's national influence and voice in the field of TCM, and contributing wisdom and strength to the inheritance and development of the TCM industry.
Keywords: TCM prescriptions, Intellectual Property, Law of the People's Republic of China on the Traditional Chinese Medicine, Active measures, Passive defenses
Received: 27 Feb 2025; Accepted: 11 Apr 2025.
Copyright: © 2025 Liu and Zhai. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.
* Correspondence: Gaoyuan Zhai, Law School, Tianjin University, Tianjin, China
Disclaimer: All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.
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