论文部分内容阅读
对中医临床处方的知识产权,当前同时存在保护不足与保护过度两个极端,前者导致西方国家剽窃、同行医师剽窃和患者滥用药物,后者则导致秘方失传和患者知情同意权无从保障。基于公益与私益平衡的原则,中医临床处方知识产权与患者知情同意权的权利冲突在当事人协商一致时当从约定,若没有约定或约定不明则当仅对真正安全有效的优秀中医临床处方作侧重保护。
At present, there are both extremes of protection and excessive protection. The former results in plagiarism in western countries, plagiarism by doctors in the same profession and drug abuse by patients. The latter leads to the loss of secret recipe and the informed consent of patients. Based on the principle of balance between public welfare and private interests, the conflict of rights between the clinical prescription intellectual property right and informed consent of the Chinese medicine practitioners should be agreed upon by the parties. If there is no agreement or the agreement is not clear, only the emphasis should be placed on the excellent and effective TCM clinical prescriptions protection.