Attorneys for the Pharmaceutical Industry, Online Pharmacies, and Medical Device Manufacturers in Germany: Legal Representation in Competition Law Matters
ZELLER & SEYFERT is a litigation law firm whose attorneys are specialized in representing the pharmaceutical industry, pharmacies, online pharmacies, and medical device manufacturers in competition law matters before German courts and the medical and pharmaceutical associations in Germany. Our clients include doctors, dentists, veterinary surgeons, plastic surgeons, therapists, internet pharmacies, mail-order pharmacies, pharmaceutical companies, and drug manufacturers.
The German Law on Advertising in the Health Care System contains special provisions against unfair and misleading advertising in the health care system. This special law is based on the general German law against unfair competition. The German Law on Advertising in the Health Care System is applicable not only to the advertising of drugs, pharmaceutical products and medical devices, but also to certain procedures, treatments and objects, if the advertising relates to the detection, elimination or alleviation of diseases and ailments of all kinds. The German Law on Advertising in the Health Care System is also applicable to certain cosmetic products and products for body care and personal hygiene, as well as covering certain advertising for plastic surgery.
Typical cases of application of the German Law on Advertising in the Health Care System:
- Unfair and misleading advertising with drugs, pharmaceutical products, medical devices, procedures, and treatments
- Online pharmacies / mail order pharmacies
- Freebies, discounts, coupons, and loyalty programs (bonus credits etc.)
- Advertising of cures for mental disorders (psychotropic drugs)
- Advertising of sleeping pills and other sleep-inducing drugs
- Advertising of plastic surgery
- Advertising of cosmetics and products for body care and personal hygiene
- Advertising of prescription drugs and other prescription medicine
- Advertising of homeopathic medicinal products (natural / holistic / alternative medicine)
- Sweepstakes and other sales promotion measures
- Package inserts and leaflets
- Advertising of distant treatments or remote treatments (e.g., online medical advice, telemedicine / telehealth)
- Advertising with the help of case histories (anamneses) and experience reports
- Advertisements playing with the customer’s fear of illness (anxiety advertising)
- Advertising with the help of illustrations or pictorial representations
- Advertising with medical articles and medical reports written by experts
- Mandatory statements affixed to medicine
- Mandatory statements affixed to cosmetic products
Legal Representation before German Civil Courts
ZELLER & SEYFERT is a German litigation law firm, whose proficient litigating attorneys have represented – amongst others – the pharmaceutical industry, pharmacies, online pharmacies, and medical device manufacturers for many years in all legal aspects before German courts. Head of the IP and Competition Law department of our law firm is Attorney Dr. Christian Seyfert, LL.M. Christian is a Certified IP Law Specialist and a Certified Copyright & Media Law Specialist. As an experienced litigator regarding the German Law on Advertising in the Health Care System, Atty. Dr. Seyfert will guide your company through the laws and your case.
Legal Representation in Summary Proceedings (Speedy Trials)
Stopping unfair competition of other pharmaceutical companies, medical device manufacturers, online pharmacies, etc. is usually an urgent concern. Our attorneys will quickly enforce the rights of your pharmaceutical or medical company before the competent court in Germany and seek quick injunctive relief to the benefit of your company. For further details, please contact us.
Cease and Desist Letters – Pre-Litigation Representation Out of Court
As a claimant of unfair competition claims in the health care sector, your company regularly has the burden, according to German law, of sending the unfair competitor a cease and desist letter out of court in order to inform the unfair competitor about its legal violations against the German Law on Advertising in the Health Care System. Rushing with an unfair competition claim to court without prior informing the unfair competitor about its legal violations against the German Law on Advertising in the Health Care System may otherwise have the consequence that your company has to pay for the entire court fees and attorney fees of both sides, even if your company later wins the lawsuit.
Defending the Pharmaceutical Industry, Online Pharmacies and Medical Device Manufacturers against Unfair Competition Claims of others
If competition law-related claims concerning the German Law on Advertising in the Health Care System have been put forward against your medical or pharmaceutical company in Germany, our attorneys will quickly assess the legal situation in your case. A quick response by a German attorney is usually necessary if your company has already received documents from a German court. Our attorneys will make sure to meet all pending deadlines set by the German court on behalf of your company. Litigation in Germany regarding the German Law on Advertising in the Health Care System is our attorneys’ forte. Simply contact us for a quick evaluation about your case.
Legal Representation before the Medical and Pharmaceutical Associations in Germany
There are certain rules of professional conduct in Germany for the medical and pharmaceutical profession. A violation of these rules may result in supervisory proceedings started by the German medical and pharmaceutical associations. Our attorneys will represent your company in proceedings before the German medical and pharmaceutical associations and help your company improve its legal position before the German authorities.
Legal Analysis of your Online Pharmacy whether it complies with German Law
The best way to protect your online pharmacy / mail order pharmacy from lawsuits in Germany is to build up a website which is entirely compliant with German law. Our attorneys are familiar with German and EU internet law, in particular also with the German Law on Advertising in the Health Care System. Our attorneys will analyze the online shop of your online pharmacy / mail order pharmacy in detail and recommend necessary improvements and changes.
ZELLER & SEYFERT will especially check the following legal texts on your website:
- General Terms and Conditions of your online pharmacy / mail-order pharmacy
- Obligation to inform consumers about their fixed-term right to cancel long-distance transactions
- Disclaimer Provisions
- Price quotations for the offered pharmaceutical products on your website