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This chapter introduces the foundational premise of the book, which explores the preservation, utilisation, and dissemination of China’s Traditional Medical Knowledge (TMK) in the face of modern legal and policy challenges. TMK, deeply rooted in China's rich cultural and historical heritage, is a dynamic repository of medical wisdom passed down through generations. Despite its immense cultural and practical value, TMK faces significant threats, including misappropriation, commercial exploitation, and the imposition of Western-centric regulatory frameworks. This chapter highlights three primary mechanisms for addressing these challenges: the Intellectual Property (IP) framework, access and benefit-sharing (ABS) systems, and TMK information systems. While these mechanisms offer potential pathways for the protection and governance of TMK, they also present critical limitations when applied in the context of China’s unique sociocultural and historical landscape. The Western legal constructs underpinning these frameworks often conflict with the communal, evolving, and culturally embedded nature of TMK. Adopting a cultural-historical lens, this chapter emphasises the need for tailored approaches that respect and integrate China’s distinct traditions and philosophies. It critically examines how the IP framework’s focus on individual ownership and innovation contrasts with the collective ethos of TMK, the challenges of implementing universal ABS standards in a culturally specific context, and the risks of decontextualisation posed by digitising TMK within information systems dominated by Western values. This chapter sets the stage for a comprehensive analysis of these issues, arguing for culturally sensitive governance models that reconcile international frameworks with China’s historical and cultural realities. By bridging the gap between tradition and modernity, this study seeks to ensure the respectful preservation, responsible utilisation, and equitable dissemination of TMK, offering valuable insights for policymakers, scholars, and practitioners.

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Introduction

  • 章节

  • 发表日期：

    2025年

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  • Nan Xia

摘要

This chapter introduces the foundational premise of the book, which explores the preservation, utilisation, and dissemination of China’s Traditional Medical Knowledge (TMK) in the face of modern legal and policy challenges. TMK, deeply rooted in China's rich cultural and historical heritage, is a dynamic repository of medical wisdom passed down through generations. Despite its immense cultural and practical value, TMK faces significant threats, including misappropriation, commercial exploitation, and the imposition of Western-centric regulatory frameworks. This chapter highlights three primary mechanisms for addressing these challenges: the Intellectual Property (IP) framework, access and benefit-sharing (ABS) systems, and TMK information systems. While these mechanisms offer potential pathways for the protection and governance of TMK, they also present critical limitations when applied in the context of China’s unique sociocultural and historical landscape. The Western legal constructs underpinning these frameworks often conflict with the communal, evolving, and culturally embedded nature of TMK. Adopting a cultural-historical lens, this chapter emphasises the need for tailored approaches that respect and integrate China’s distinct traditions and philosophies. It critically examines how the IP framework’s focus on individual ownership and innovation contrasts with the collective ethos of TMK, the challenges of implementing universal ABS standards in a culturally specific context, and the risks of decontextualisation posed by digitising TMK within information systems dominated by Western values. This chapter sets the stage for a comprehensive analysis of these issues, arguing for culturally sensitive governance models that reconcile international frameworks with China’s historical and cultural realities. By bridging the gap between tradition and modernity, this study seeks to ensure the respectful preservation, responsible utilisation, and equitable dissemination of TMK, offering valuable insights for policymakers, scholars, and practitioners.