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