protection of pharmaceutical trademarks in turkey · pharmaceutical trademarks in turkey adv. selma...

PROTECTION OF PHARMACEUTICAL

TRADEMARKS IN TURKEY

Adv. Selma Toplu Ünlü

DISCLAIMER

Either precedents mentioned in this presentation are publicly available or permission was obtained from right owners.

Population: 77.6 million

Politics: Powerful single political party government

Economy: Emerging market

Total Health Expenditure: 84.3 Million TL :30 Million Euro

Total Number of Healthcare Institutions: 30,116

Ministry of Health

Social Security Institution

Manufacturer

Pharmacy Warehouse

Healthcare Professionals

Pharmacy

Strict Regulations: ◦ MA & Reimbursement

Categories: Almost no difference for Rx and non-RX

Sales Channels: Only pharmacies-over the counter / no drug store-chains-internet sale

Promotion: Only to HCPs, not to public

E-Prescription system

Ministry of Health

Turkish Patent Institute (TPI)

Specialized First Instance IP Courts

Court of Appeals

Customs

Decree Law Regarding Protection of Trademarks No. 556

• Amended during EU membership negotiations

• In line with EU Regulations

Issue: Interpretation and Enforcement

Turkish Commercial Code

(Unfair Competition)

• Wide coverage

• Unregistered trademark protection

Strict interpretation in Class 5

Similarity of trademarks

Very high threshold

Sensitivity of goods and conditions of the Turkish pharmaceuticals market

Ignored by TPI

OHIM precedents

Incompatible with Turkish market reality

Derivation from INN by using

stem or prefix

Azapin from Olanzapin INN

Vildacell from Vildagliptin INN

Combination of two INNs

Vildagliptin + Metformin: Vildamet

Multiple Applications

Inconsistent decisions

• Example 1: Vildagliptin (Vilda) INN vs Vildafer, Vildabet, Vilda, Vildalin, Vilaptin,

• Example 2: Melogliptin vs Metoglaptin

• Example 3: INNs with stem Gliptin vs Dyagliptin

Issue

TPI ignores the precedents of Courts and OHIM

Narrow interpretation of bad faith

Solution

• Workshops/traninings with TPI examiners to improve their perspective on the pharmaceutical trademarks

• One-to-one follow-up in critical cases

• Be creative by using regulatory remedies

Broader interpretation compared to TPI

• Azapin vs Olanzapin

• Exelon vs Rixelon

• Rositanvs Rositaz

• Teno vs Tenotens

Specialized IP courts preferable not available country wide