RESUMEN
Different from Western medicine theory, Traditional Chinese Medicine knowledge is tacit knowledge, and the Traditional Chinese Medicine knowledge system also is a complete system independent from the Western medicine system. But the protection for Traditional Chinese Medicine knowledge nowadays still mainly stems from the Western intellectual property system. The current intellectual property system is in a dilemma in the protection of Traditional Chinese Medicine due to its limitations, and it urgently needs to build a special knowledge protection system that is specially applicable to traditional knowledge;while using genetic resources protection system and benefit sharing system of traditional knowledge from Convention on Biological Diversity to protect Traditional Chinese Medicine has its advanced nature and rationality. In the premise of clarifying the definition of "intellectual property right of Traditional Chinese Medicine", this paper proposed 5 countermeasures and suggestions, including establishing the legal content of Traditional Chinese Medicine intellectual property, promoting the legislative coordination of existing intellectual property law and the Law of the People' s Republic of China on TCM, strengthening the institutional coordination of the Law of the People' s Republic of China on TCM, the Law of Intangible Cultural Heritage and the Law of the People' s Republic of China on Drug Administration, promoting the institutional innovation at the local legislation level, and building a benefit sharing mechanism for the holders of Traditional Chinese Medicine knowledge.
