Licensing, branding, protection and restriction of drugs (Medicinal products for human use)

The drug, mentioned under the name "medicinal product for human use" in our regulations, has a direct effect on public health. Starting from the discovery of the molecule, each phase of the drug is therefore a phenomenon subject to tight controls and detailed legal regulations. Since pharmaceutical brands affects public health, a particular attention should be paid especially in the examining of confusion. The trademark right, which is subject to the rules governing the restriction of fundamental rights and freedoms and considered within the intangible property right, may only be restricted in accordance with the principle of proportionality. This study aimed to address the licensing process affecting the pharmaceutical branding and to analyze the points at which drug brands differentiate from other brands and their creation processes, and to discuss the compliance of the restrictions on pharmaceutical brands with the principle of proportionality.