Clipping Board » Medical Affairs and Administration ─ Medical system, pharmaceuticals, and medical community-related reports
December 15, 2006
According to mainland media reports, a South Korean individual has modified the traditional Chinese medicine Niuhuang Qingxin Wan into a new dosage form and filed a patent application for Niuhuang Qingxin microcapsules... Experts point out that the current state of intellectual property protection for traditional Chinese medicine in the mainland is not optimistic.
From a recent seminar on "Intellectual Property Protection of Traditional Chinese Medicine Formulas" held in Shanghai, it was revealed that "cloned versions" of traditional Chinese medicine formulas have frequently appeared overseas. A "Traditional Chinese Medicine Law" aimed at protecting traditional Chinese medicine is expected to be submitted to the Legislative Affairs Office of the State Council soon.
Overseas "Cloned Versions" of Chinese Medicine
The "China Traditional Chinese Medicine News" reported that the formula for Jinlong Capsules, a cancer-treating Chinese medicine produced by a Beijing pharmaceutical company based on a traditional formula, may have been cloned by a multinational pharmaceutical company, which also applied for a patent with the U.S. FDA.
Ginseng Royal Jelly was first produced in Jilin, China, but was patented by someone else in the United States; Niuhuang Qingxin Wan is a traditional Chinese medicine, but South Koreans have used patent protection to seize the domestic Chinese market; "Liu Shen Wan" is also a traditional Chinese medicine, but Japan developed "Kyushin Wan" based on it, with annual sales exceeding $100 million.
Participants at the "Intellectual Property Protection of Traditional Chinese Medicine Formulas" seminar expressed deep regret over these incidents. Compared to the vast history of traditional Chinese medicine spanning thousands of years, as of now, China has only 29,157 patents and 62,531 trademarks related to traditional Chinese medicine. Many traditional formulas are now in the public domain, free for anyone to use; due to limitations in production technology, sometimes the quality of cloned versions surpasses the original.
Foreign Enthusiasm for Traditional Chinese Medicine Research
It is reported that some developed countries are leveraging their technological advantages to extensively explore and develop traditional medicine. For example, the United States has 146 traditional Chinese medicine research institutions, France has nearly 100 traditional Chinese medicine or herbal medicine factories and more than 10 research institutions, and countries like Germany, Canada, and Australia are also conducting clinical research on traditional Chinese medicine, particularly acupuncture.
Lack of Legal Protection for Formulas
The lack of specific laws to protect traditional Chinese medicine formulas has left the survival of traditional Chinese medicine in a dilemma. Li Junde, a deputy researcher at the Traditional Medicine Legislation Office of the State Administration of Traditional Chinese Medicine, explained that the draft of the National Traditional Chinese Medicine Law has been reviewed by the State Administration of Traditional Chinese Medicine and will be submitted to the Legislative Affairs Office of the State Council after review by the Ministry of Health.
Source: http://www. takungpao. com/ news/ 06/ 12/ 15/ GY- 665611. htm
Chinese Medicine Faces Overseas "Cloning" Dilemma
According to mainland media reports, a South Korean individual has modified the traditional Chinese medicine Niuhuang Qingxin Wan into a new dosage form and filed a patent application for Niuhuang Qingxin microcapsules... Experts point out that the current state of intellectual property protection for traditional Chinese medicine in the mainland is not optimistic.
From a recent seminar on "Intellectual Property Protection of Traditional Chinese Medicine Formulas" held in Shanghai, it was revealed that "cloned versions" of traditional Chinese medicine formulas have frequently appeared overseas. A "Traditional Chinese Medicine Law" aimed at protecting traditional Chinese medicine is expected to be submitted to the Legislative Affairs Office of the State Council soon.
Overseas "Cloned Versions" of Chinese Medicine
The "China Traditional Chinese Medicine News" reported that the formula for Jinlong Capsules, a cancer-treating Chinese medicine produced by a Beijing pharmaceutical company based on a traditional formula, may have been cloned by a multinational pharmaceutical company, which also applied for a patent with the U.S. FDA.
Ginseng Royal Jelly was first produced in Jilin, China, but was patented by someone else in the United States; Niuhuang Qingxin Wan is a traditional Chinese medicine, but South Koreans have used patent protection to seize the domestic Chinese market; "Liu Shen Wan" is also a traditional Chinese medicine, but Japan developed "Kyushin Wan" based on it, with annual sales exceeding $100 million.
Participants at the "Intellectual Property Protection of Traditional Chinese Medicine Formulas" seminar expressed deep regret over these incidents. Compared to the vast history of traditional Chinese medicine spanning thousands of years, as of now, China has only 29,157 patents and 62,531 trademarks related to traditional Chinese medicine. Many traditional formulas are now in the public domain, free for anyone to use; due to limitations in production technology, sometimes the quality of cloned versions surpasses the original.
Foreign Enthusiasm for Traditional Chinese Medicine Research
It is reported that some developed countries are leveraging their technological advantages to extensively explore and develop traditional medicine. For example, the United States has 146 traditional Chinese medicine research institutions, France has nearly 100 traditional Chinese medicine or herbal medicine factories and more than 10 research institutions, and countries like Germany, Canada, and Australia are also conducting clinical research on traditional Chinese medicine, particularly acupuncture.
Lack of Legal Protection for Formulas
The lack of specific laws to protect traditional Chinese medicine formulas has left the survival of traditional Chinese medicine in a dilemma. Li Junde, a deputy researcher at the Traditional Medicine Legislation Office of the State Administration of Traditional Chinese Medicine, explained that the draft of the National Traditional Chinese Medicine Law has been reviewed by the State Administration of Traditional Chinese Medicine and will be submitted to the Legislative Affairs Office of the State Council after review by the Ministry of Health.
Source: http://www. takungpao. com/ news/ 06/ 12/ 15/ GY- 665611. htm