Life sciences

Pharmaceuticals and medical devices are among the most heavily regulated products. With many years of industry-focused experience, we advise manufacturers and other economic players as well as professional associations, universities and research institutions comprehensively in the life sciences sector and on compliance in the healthcare sector. We provide advice on the practical implementation of regulatory requirements and on the drafting of contracts, support communication with market surveillance authorities up to and including a recall, and represent our clients in the defence of product liability claims if the need arises.

Medical devices law is currently shaped by the new European legal environment of Regulation (EU) 2017/745 (MDR) and Regulation (EU) 2017/746 (IVDR). In particular, now for the first time the roles of various market players with respective extended obligations are defined. The requirements are supplemented by the pending medical devices implementation act (MPDG) at national level. We advise manufacturers and other businesses comprehensively on the implementation of the regulatory requirements of the new legal background. We regularly organise workshops in which we train – tailored to the requirements of our client in each case - staff on the new legal requirements. We are well aware of the challenges posed for businesses by the many unclear areas and the lack of implementing statutes at EU level. We prepare with our clients legally secure detailed solutions for the coming into force of the MDR on 26 May 2020. Through our work with associations we have been directly involved for years in legal development at European and national level. Our expertise covers the structuring of contractual relationships within the supply chain and outsourced processes. This includes existing OEM/PLM cooperations. If necessary, we work  closely with Regulatory Affairs advisors within our network. Apart from businesses, namely manufacturers, importers, dealers and authorized representatives, our clients include universities, research institutions and associations which we advise on the regulatory requirements under the MDR and the IVDR. That also includes, of course, the area of clinical research and cooperations with industrial partners. We focus specially on advising start-ups in medical technology which we support from the first product idea up to market launch; if necessary with the support of industrial partners.
Pharmaceutical law is among the most intensively regulated areas of product law. We advise pharmaceutical companies and wholesalers comprehensively on market access in the EU. Our expertise covers contractual structuring within the supply chain, including contract drafting in the case of pharmaceuticals for Advanced Therapy Medicinal Products - ATMP. We also advise clients on the form and conduct of clinical studies and legally secure cooperation with doctors and health institutions.  

In cases of dispute, we advise and represent pharmaceutical companies in the defence of claims under the specific regulations of pharmaceutical law.  

With regard to veterinary medicinal products, we also support our clients at all stages of the value and supply chain in identifying relevant obligations and designing the introduction of corresponding implementation measures. Since the new EU Veterinary Medicinal Products Regulation contains several opening clauses in favour of specific national regulations, for example with regard to online trade in veterinary medicinal products, we frequently handle such issues in cooperation with international partner law firms.
The fight against corruption in the health system has been considerably strengthened by the introduction of the specific criminal law penalties under §§ 299 a and 299b Criminal Code in 2016. Some questions relating to legally secure cooperation between the Life Sciences Industry and health institutions or doctors remain unresolved. We support companies and research and health institutions in the structuring of cooperations, namely in the course of research projects, sponsoring or speakers’ contracts. We focus particularly on drafting clinical trials agreements between companies and scientific institutions (IITs, Investigator Initiated Trials). In this regard, we support companies in comprehensive implementation of compliance structures.
We support our clients from the first product idea. Even at the early stage of research and development of products and therapies, important guides in the direction of product compliance must be observed. Not only clinical trials by industry companies but also scientific clinical research at universities and research institutions are increasingly legally regulated. That is also foreseeable for other (scientific/academic) clinical trials in the medical devices area with the coming into force of the new legal environment in May 2020. We advise on the legally secure structuring of cooperation agreements between industrial companies and academic institutions with particular focus on IIT (Investigator Initiated Trials) agreements between industry partners and universities. Not least, our expertise covers advising on clinical follow-up monitoring over the entire product life cycle.