Abstract
Different from the conventional medicine, the secret Traditional Chinese Medicine (TCM) prescriptions play an important role in China for the reputation and profits of TCM doctors and TCM producing enterprises. The Chinese Law attributes these doctors and enterprises a right to keep those prescriptions secret from the public. In contrast, the Chinese Law confers to patients a right to know the content of those secret prescriptions. This paper intends to reveal ways to harmonize the conflict between these laws. Despite their duty to disclose all of the ingredients, we suggest that TCM doctors do not need to disclose all of the ingredients of their secret prescriptions or are not required to reveal the dose of each of the ingredients.
| Original language | English |
|---|---|
| Pages (from-to) | 229-244 |
| Number of pages | 16 |
| Journal | Medicine and Law |
| Volume | 37 |
| Issue number | 1 |
| Publication status | Published - Mar 2018 |
Keywords
- China
- Duty to inform
- Informed consent
- Intellectual property right
- Right to know
- Trade secrets
- Traditional chinese medicine prescriptions
