Proceedings of the 8th International conference on Research in Engineering, Science and Technology
Year: 2018
DOI: https://www.doi.org/10.33422/8rest.2018.11.39
Legal Liability for Selling Medicines Online in Turkish Law
Mehmet Akçaal
ABSTRACT:
Selling medicines online or in any other electronic form is not allowed in Turkish law. Because the sale of medicines (or medicinal product) online is a distance sale contract in the eye of law, such contract will be null and void. For that reason, victims are not entitled to any claim under the distance sales contract concluded with their supplier in Turkish law. However, the victims and other persons in the distribution chain can bring an action based on tort against the supplier. This article analyses the legal principles of civil liability for the sale of medicine online in the first place. Secondly, it explains whether it is possible to protect consumers who have bought a medicinal product online. Thirdly, it describes the protection of owners of pharmaceutical trademarks because of the online sale of their products without their permission. Finally, it sheds light on the criminal liability of the online sale of medicines in Turkish criminal law.
Keywords: Law of health, Legal liability, Medicine, Sales of medicine online, Absolute nullity.