Author
Listed:
- Yuan Lin
(School of Law, Hainan Normal University, Haikou 571127, China)
- Yue Zhao
(School of Law, Hainan Normal University, Haikou 571127, China)
Abstract
The governance of traditional medical knowledge faces persistent challenges from biopiracy and the inadequacy of conventional intellectual property regimes. This article examines the transformative potential and limitations of blockchain technology in governing traditional Chinese medicine (TCM) knowledge, adopting a framework that integrates legal validity, procedural justice, and governance implications. Drawing on normative legal analysis of Chinese statutes, empirical case studies of recent blockchain initiatives in China, and comparative analysis of the Nagoya Protocol and WIPO frameworks, the article advances three arguments. First, blockchain-enabled registration can generate legally cognizable evidence of prior existence, though its validity as a property right requires statutory recognition. Second, blockchain can enhance procedural justice by mitigating evidentiary asymmetry, expanding participation, and increasing benefit-sharing transparency. Third, the governance implications demand hybrid institutional designs that combine technological infrastructure with legal frameworks. The article identifies critical limitations—the oracle problem, accessibility barriers, and jurisdictional fragmentation—and proposes targeted optimizations, including statutory presumptions for blockchain records and enhanced international coordination. China’s experience offers actionable insights for equitable, legally embedded, and technologically sophisticated traditional medical knowledge governance globally.
Suggested Citation
Yuan Lin & Yue Zhao, 2026.
"Governing Traditional Medical Knowledge with Blockchain: Legal and Procedural Perspectives from China,"
Social Sciences, MDPI, vol. 15(6), pages 1-18, June.
Handle:
RePEc:gam:jscscx:v:15:y:2026:i:6:p:377-:d:1963586
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