LEGAL PROTECTION OF TRADITIONAL CHINESE MEDICINE IN THE CONTEXT OF THE CREATIVE ECONOMY

While traditional Chinese medicine (TCM) has been categorically excluded as a valid medical system in many countries, it remains difficult to separate TCM from conventional medicine under the context of the creative economy. This is because there are increasing number of new drugs which not only rely solely on the technology of modern medicine but also take advantage of traditional medicine knowledge. The fragmentation of the international community has impeded the establishment of a more coherent international legal framework for the global health system. Moreover, the same degree of fragmentation at the national level also results in obstacles to the combination of the two medical systems. It is suggested that the World Health Organization could act as a platform to promote the combination of conventional medicine and TCM; however, national cooperation seems to be a more feasible and effective way of doing it, which could also complement the global health governance framework.