Abstract: At present, the herbal medicine industry share is very low in international market; on the other hand, the phenomenon of mutual imitation of proprietary Chinese medicines, a large number of low-level repetitive production, and duplication of the same species exist in the domestic market. Under such circumstances, the exclusive ownership of innovative behavior of traditional Chinese medicine can be defined by intellectual property protection, but the Chinese intellectual property issues involved in a wide range, including patent, trademark, trade secret protection and four main aspects of administration. In regard to Chinese herbal medicines, there are lots of contents of protections, such as pieces, prescription, extract, preparation, pharmaceutical engineering, related derivatives and other need of protection. Therefore, how to make good use of Chinese modern intellectual property system to protect the treasure of the Chinese nation becomes the problem to be solved.

Key words: Chinese Traditional Medicine, intellectual property right, herbal medicine, protecting