Health law

“Health law” comprises both public and private law relating to the topics of health and nutrition, i.e. food law, medicines law, health care law, pharmacies law, medical law as well as health-oriented sports law, advertising law, trademark law, sales law, company law and general areas of law.

Our lawyers offer you assistance and representation in the following areas of law:

• Medicines law,
• Law on advertising in the health care system,
• Food law,
• Medical devices law,
• Pharma law,
• Cosmetic law,
• Competition law,
• Contract law,
• Trademark law,
• Pharmacies law,
• Medical law,
• Hospital law,
• Biotechnology law,
• Gene technology law,
• Patient law,
• Health insurance law, and
• Law of professional conduct for the medical profession.

We offer you the following:

• Assistance with product conceptual design (e.g. development of new foodstuffs, especially food supplements and functional food, including checking the packaging and handling issues relating to the advertising of food and medical products);
• Assistance and representation in matters concerning the marketing authorisation for novel food products and medicines;
• Checking whether your foodstuffs, food supplements and other health care products and preparations can be placed on the market;
• Checking whether your product has been properly categorised as a medicine, foodstuff (also food supplement), medicinal product or cosmetic; we also check whether it fulfils the requirements for being placed on the market or granted a marketing authorisation or certification; furthermore, we help you choose the authorisation procedure for you medicine and assist you thorough the proceedings;
• Assistance at developing new medicines and medical products (trade in active ingredients, distribution of medicines, pharmacovigilance), also in the European and international environment;
• Examining, counselling and safeguarding advertising efforts for your product as well as product marking;
• Handling matters relating to the statutory health insurance and private health insurance funds (reimbursement and compensation);
• Administrative proceedings (dealing with authorities and administrative courts), civil law proceedings (e.g. competition law disputes with competitors, collections), out-of-court settlements and criminal procedures;
• Product liability issues as well as general liability law (medical malpractice liability, medical liability);
• Protecting and safeguarding commercial property rights for foodstuffs, medicines and medicinal products (including trademarks, designs, plant varieties and patents/ supplementary protection certificates);
• Drafting agreements and assisting you at agreement negotiations;
• Representing your interests against authorities, associations, ministries, legislative bodies and international organisations;
• Counselling and representing physicians, clinics, pharmacies, hospitals (including remuneration issues and those relating to the code of professional conduct);
• “all-inclusive” legal services: legal assistance relating to alternative medicine, alternative methods of treatment and alternative products, “wellness regulations” and “fitness regulations” (checking whether a product can be placed on the market, advertising in the health care system, etc).

Our lawyers:

• Michael Horak, graduate engineer, LL.M.
• Julia Ziegeler