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Life Sciences & Healthcare

Austria

Law firm for Life Sciences & Healthcare in Austria 

The legal issues in health care law—such as those arising from e-health solutions, personalised medicine or cost-cutting restructuring—are increasing in complexity and require the coordination of a variety of specialist areas. Our experts have diverse professional backgrounds and combine specialist know-how with many years of experience in the industry. For example, we assist hospitals, outpatient clinics and group practices to draft contracts for healthcare professionals, also  for operational management of hospitals ("kollegiale Führung"). In addition, we have gained in-depth knowledge about the applicable regulatory requirements from advising pharmaceutical, medical device and biotechnology companies, hospitals and pharmacies, as well as universities and interest groups

We are available to advise you on numerous issues, including:

•    Drafting strategic agreements,
•    Planning a corporate transaction,
•    Employment of healthcare professionals,
•    Implementing compliance requirements, and
•    Enforcement and defence of claims in court.

A strong international network in the Life Sciences & Healthcare field:

The CMS Life Sciences & Healthcare Sector Group consists of a team of over 300 lawyers, patent attorneys, scientists and academics from all over the world. Our clients include the 20 leading global pharmaceutical companies and the 10 leading global medical device companies. Many of our experts worked in the Life Sciences & Healthcare sector before joining CMS and have extensive knowledge of the industry.

Our legal advice in the healthcare sector

We advise our clients in the following specific areas:

•    Pharmaceutical law
•    Medical device law
•    Hospital and pharmacy law
•    Medical professional law
•    Preclinical and clinical studies

•    Reimbursement / market access
•    Licensing, research and development collaborations
•    Advertising and marketing
•    Antitrust and distribution law
•    Anti-corruption criminal law and compliance
•    Data protection
•    Patent, trademark, design and copyright law, protection certificates
•    Customs procedures, product piracy and parallel imports
•    Product liability law
•    Dispute resolution
•    Corporate law, M&A and financing
•    Tax law
•    Labour Law
•    Social security law
•    Contract partner law
•    Public procurement law
•    Plant protection
•    Narcotics law
•    Food Law

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04 May 2021
With Il­lu­mina ac­tion, court to test EU Com­mis­sion's new mer­ger re­fer­ral...
On 29 April 2021, the US life sci­ences com­pany Il­lu­mina con­firmed that it filed an ac­tion be­fore the EU courts ask­ing for an an­nul­ment of the European Com­mis­sion’s de­cision of 19 April 2021 to ac­cept...
12 April 2021
Are CBD cos­met­ics on the way?
Ac­cord­ing to the CBD De­cree, en­acted by the Aus­tri­an Min­istry of Health, mar­ket­ing cos­met­ics con­tain­ing can­nabis or can­nabis ex­tracts is pro­hib­ited in Aus­tria. This view seems out­dated con­sid­er­ing re­cent...
06 April 2021
EU is­sues draft of Di­git­al Mar­kets Act aimed at cre­at­ing a new and fair...
The European Com­mis­sion has pub­lished a draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (DMA). The Com­mis­sion pro­posed the DMA due to the...
23 March 2021
The En­larged Board of the European Pat­ent Of­fice has giv­en a mo­ment­ous...
The En­larged Board of the European Pat­ent Of­fice heard or­al ar­gu­ments in Ju­ly 2020 con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion.  This rare event was video streamed to over 1600 pat­ent stake­hold­ers...
05 March 2021
New EPO Guidelines on an­ti­body claims provide fur­ther clar­ity for ap­plic­ants
In­tro­duc­tion The EPO has now pub­lished their re­vised Guidelines for Ex­am­in­a­tion 2021[1] which con­tain new sec­tions de­tail­ing EPO prac­tice in re­la­tion to an­ti­bod­ies for the first time, en­ter­ing in­to force...
08 March 2021
CMS cel­eb­rates In­ter­na­tion­al Wo­men's Day on 8 March 2021
Missed the We­bin­ar? Here you have ac­cess to all re­cord­ings. CMS Reich-Rohr­wig Hainz in­vites you to its glob­al cel­eb­ra­tion of In­ter­na­tion­al Wo­men’s Day. This spe­cial we­bin­ar, ded­ic­ated to wo­men every­where...
24 February 2021
COV­ID and ViCo: EPO re­fer­ral to the En­larged Board of Ap­peal
In the last year, the COV­ID-19 pan­dem­ic has res­ul­ted in a large pro­por­tion of the leg­al sec­tor trans­ition­ing to a ‘work from home’ ar­range­ment, with meet­ings tak­ing place re­motely. Non-es­sen­tial travel...
16 February 2021
Fight­ing poor med­ic­a­tion ad­her­ence in the European Uni­on: The Grav­it­ate-Health...
Nowadays, European cit­izens can ob­tain a great amount of in­form­a­tion (on­line and off­line) about any medi­cine. However, this in­form­a­tion is in many cases un­re­li­able and dif­fi­cult to un­der­stand, en­cour­aging...
11 February 2021
New EPO Guidelines now pub­lished re­gard­ing amend­ing the de­scrip­tion: what’s...
In­tro­duc­tion In Oc­to­ber 2020, CMS pub­lished an art­icle ‘New EPO Guidelines ex­pec­ted re­gard­ing amend­ing a de­scrip­tion: what’s all the fuss about?’, which has been the cata­lyst for dis­cus­sion in the...
13 January 2021
EU­'s Por­tuguese pres­id­ency re­leases new draft of ePri­vacy Reg­u­la­tion
On 5 Janu­ary 2021, the Coun­cil of the EU – with Por­tugal serving as the Pres­id­ent-in-Of­fice – re­leased a new draft ver­sion of the ePri­vacy Reg­u­la­tion, which is meant to re­place the ePri­vacy Dir­ect­ive...
16 December 2020
EU Com­mis­sion pub­lishes pro­posed Data Gov­ernance Reg­u­la­tion
On 25 Novem­ber 2020 the European Com­mis­sion pro­posed new rules on data gov­ernance – a pro­posed Data Gov­ernance Reg­u­la­tion, which is the first of a set of meas­ures an­nounced in the 2020 European strategy...
15 December 2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...