Parallel Import And Repackaging Of Pharmaceutical Products In Turkey

While the European Union has long determined its approach to trademark issues for parallel imports and repackaging of pharmaceuticals, Turkish courts and legislation lack a unified and established practice on the issue. In fact, the current regulatory regime in Turkey prevents parallel import and repackaging of pharmaceuticals.

Key aspects of trade mark law for pharmaceuticals

Pharmaceutical imports into Turkey are regulated under the Pharmaceutical and Medical Preparations Law numbered 1262 (Law numbered 1262), while parallel imports and the exhaustion of rights principle are regulated by the Decree Law on the Protection of Trade marks numbered 556 (Trade mark Decree Law). These legislative instruments aim to protect public health and intellectual property respectively. However, in practice the differing motivations also lead to contradictory outcomes in interpretation.