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Han Xiaobing
Professor of Law
Central University for Nationalities
This paper approaches Chinese ethnic medicine from a purely legal standpoint. When discussing the legal protection of Chinese ethnic medicines it is imperative to first address the fundamental traits of China's minority traditional medicine. The author defines Chinese ethnic medicine, varieties of its existence, heritage, folklore, and intellectual property rights all within the context of Chinese law. The author analyzes relevant laws and regulations on current protection for China's minority traditional medicine, illustrating the multi-level, multi-department legal system, impracticality of the system of implementation, and the issue of public vs. private law. The paper deduces that, owing to objective differences between minority traditional medicine and traditional medicine and the defect of current legislation, it is indispensable and practical to legislate independent laws or regulations on issue of minority traditional medicine protection.
The final section of this paper addresses the subject of intellectual property right (civil rights) on minority traditional medicine, special permission for relevant minorities on medical practice, and the educational modes of distinctive minority traditional medicine.
[PDF] Chinese