Senator Tom Coburn of Oklahoma said after visiting China, that a country that doesn’t protect human rights would have no respect for IPR and other minor rights, according to Liu Kin-ming in a Hong Kong Standard article. But why have an either or solution? The State Council approved and authorized the National Human Rights Action Plan of China (2012-2015)国家人权行动计划 see the Chinese-English version here, which includes both human rights and intellectual property rights.
Next to laudable objectives, including stopping discrimination of women, bringing relief to people with HIV-AIDS, battle social inequality and environmental disasters, it includes sections on IPR related topics, such as the right to health and culture.
I Economic, Social and Cultural Rights, (4) Right to health, eleventh paragraph states:
“Making studies for enactment of a law on traditional Chinese medicine and management methods of the standards of the medicinal materials. China will raise the national standards for drugs, improve the drug inspection and control system, strengthen drug safety monitoring and early warning, improve the drug safety emergency-response mechanism, fix in advance responsibility for the safe production and use of drugs, and ensure the quality and safety of basic drugs.”
IP Protection The Cure For Traditional Chinese Medicine?
If one looks at the fundamental concepts of traditional Chinese medicine (TCM), namely that each patient needs a completely tailor made medicine based on natural ingredients, than the protection of such a system via intellectual property rights becomes problematic. TCMs are no commodities. The Chinese government is struggling with this for a long time. Another study? IP Dragon wrote about it in 2009, see here.
How to make the intangible cultural heritage tangible?
I Economic, Social and Cultural Rights, (6) Cultural Rights, second paragraph states:
“Strengthening legislation on culture and conducting research to formulate the Public Library Law, Museum Regulations, and other related laws and regulations, revising the Copyright Law, Law on the Protection of Cultural Relics and similar laws, and drawing up regulations and rules complementary to the Intangible Cultural Heritage Law.”
It is unlikely that the regulations and rules complementary to the Intangible Cultural Heritage Law will avoid conflicts with other countries, such as South Korea over cultural evens such as dragon boat festival, see here.
Thank you Chenwei Zhang for pointing out the plan.