About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

37 Med. & L. 145 (2018)
IP Protection of Preventive TCM and Precision Medicine in China: Harnessing Holistic Research from Man to Mankind

handle is hein.journals/mlv37 and id is 151 raw text is: Med Law (2018) 37:1:145-162 Medicine and Law World Association for Medical Law IP PROTECTION OF PREVENTIVE TCM AND PRECISION MEDICINE IN CHINA HARNESSING HOLISTIC RESEARCH FROM MAN TO MANKIND Danny Friedmann* Abstract: Prevention is better than cure. This was acknowledged in Ancient China, where traditional Chinese medicine (TCM) tried to re-harmonise people by taking a holistic view on health and going after the root of the disease not just the symptoms. The Chinese government views TCM as complementary to Western medicine and invests heavily in its research, promotion and protection via patent law, trade secrets and geographical indications. China would also like to and could dominate the developments in precision medicine, by sequencing the genomes of millions of its people. This knowledge will make it possible to go after the root of diseases, via the identification of genetic markers, and remove the roots of these diseases via gene editing technology. Patent law could harness the efforts to identify the genetic markers by giving incentives to researchers or harm the developments in regard to gene editing technology, as might be caused by an overcrowded patent landscape. Keywords: Intellectual Property; Patent Law; Trade Secret; Geographical Indication; Precision Medicine; Preventive Medicine; Traditional Chinese Medicine; CRISPR-Cas9; Genetic Markers; China. 1. INTRODUCTION A doctor who treats disease after it has happened is a mediocre doctor. A doctor who treats a disease before it has happened is a superior doctor. Yellow Emperor, CLASSIC OF INTERNAL MEDICINE, 2 century BC * Principal Commentator and External Examiner of the Faculty of Law, University of Macau. Researcher IP Dragon. Email: dannyfriedmann@gmail.com 145

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most