Pharmaceutical brands according to Decree Law no: 556

In today's heavily competitive conditions, in terms of producers creating a strong brand for consumers becomes compelling. While creating a strong brand loyalty, preserving the rights of the customers has become a real problem for enterprises. Since pharmaceutical sector, is heavily competitive, emerging, has a large market and range of products, branding of pharmaceutical is crucial.In a decision of Swiss Court, pharmaceutical brands are classified as weak brands as the raw material content of the pharmaceutical is stated on the brand. However, since 1979 Ministry of Health in Turkey has issued a permit for a pharmaceutical if its brand name has at least three letters different than the other authorized brands. The obligation of INN usage while creating a brand name causes a disturbance.The role of Ministry of Health in the process of registration of pharmaceutical brands and the function of Turkish Patent Institute during evaluation of appeals for brand names should be parallel with each other and these two associations should be in consensus of opinion. However in practice these two associations act separately thus there has been an observed increase in disagreement on pharmaceutical brands subjected to jurisdiction.This thesis consist of four parts including analyzes of pharmaceutical brands according to the statements of the decree law.In the first part of the thesis, branding concept and its functions, classification of brands, brand signs and brand rights are explained. Trademark registration system in Turkish Law and registration impediments considered as absolute and proportional denial reasons pursuant to the decree law are analyzed. Information about the structure of Turkish Patent Institute which is the first appeal authority for registration impediments are given and definition of a pharmaceutical and denomination processes of pharmaceuticals are explained and phases of brand choice determination in pharmaceutical market are analyzed under separate subtitles.In the second part of the thesis, Turkish Patent Institute and Ministry of Health procedures in trademark registration of pharmaceutical brands and authorization of pharmaceuticals are analyzed in details.In the third part of the thesis, juristic disagreements regarding pharmaceutical brands are detected. In the final part of the thesis, court decisions of Court of First Instance and Supreme Court of Appeals on disagreements regarding pharmaceutical brands which are subjected to jurisdiction are presented.