Competition law advisory for pharmaceutical and medical products and devices


Competition law and the protection of intellectual property through trademark law or design law, in particular with reference to European law, is very important in the area of pharmaceutical law. It is not uncommon for competitors to take legal action against successful or promising products. In the worst case this is achieved via a temporary injunction issued by a court far away from the company's location. This completely stops the sales of a medicine or medical product with serious consequences for customer relations, profits and the image of the affected company.

It is also common practice to copy products, trademarks or designs or products launched on the market in violation of numerous legal regulations such as pharmaceutical advertising law or the medical products law. The authorities on their own are not able to protect an honest company. For this reason almost 90% of all anti-competitive violations are discovered and settled by competitors, in most cases out of court.

The observance of competition law and trademark/design law is, however, also considerably important for the planning of sales and marketing, e.g. with the design and creation of products, advertising materials, product launches or the execution of special marketing measures.


The focus of our consulting services in relation to competition law and trademark and design law includes:

  • Protection against unjustified warnings at all trade and production levels
  • Consulting and representation for all court proceedings in Germany, and in particular with all regional and provincial courts
  • Quick (legal) protection for valuable trademarks / products against copies and prevention of violations against competition law regulations in the company or at the competitor
  • Enforcement of claims for compensation
  • Consulting and negotiation of license agreements
  • Strategic consulting with the design and legal analysis of the design and trademark portfolio
  • Legal assessment of product design, advertising and advertising measures


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Dr. Barbara Klaus


+49 911 9193 1999

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