中国传统医药类非物质文化遗产的法律保护探析OA

Objective:To investigate the current status and challenges in the legal protection of Traditional Medicine In-tangible Cultural Heritage(TMICH)in China,and proposes recommendations to bridge the gap between its"living heritage"nature and the"rigidity"of legal frameworks.Methods:An empirical analysis was conducted using the"Wolters Kluwer"legal database,from which 80 relevant judicial decisions were selected and statistically analyzed.Re-sults:Among the 80 cases,the number of disputes gradually increased since 2014 but showed a declining trend re-cently.Most cases involved intellectual property and competition disputes.Substantive laws such as the Intangible Cul-tural Heritage Law were not applied,while the Traditional Chinese Medicine Law was invoked only once.In con-trast,the Trademark Law and the Anti-Unfair Competition Law were predominantly applied in decisions.Conclu-sion:Although a basic legal framework for the protection of TMICH has been established in China,challenges remain regarding identifying rights holders,legislative gaps,and judicial enforcement.It is recommended to clarify the status of rights subjects,improve the legislative system,and optimize judicial relief mechanisms to construct a legal protection system for TMICH that aligns with Chinese characteristics.