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Life Sciences & Healthcare

Think globally, act locally

Rising regulatory requirements, increasing price and cost pressures, and new technological advancements pose major challenges for companies operating in the life sciences and health care sectors. To succeed in this dynamic and rapidly changing environment, companies need a partner with a global perspective who is thoroughly versed in the local market environment. CMS is just that partner for you.

A Global Perspective.

The CMS Life Sciences and Healthcare Sector Group consists of over 480 lawyers across Europe. Our multidisciplinary team advises you on every aspect along the business cycle of a product or service. We assist you with company formation, financing or finding business partners, protecting innovations as well as implementing your business strategy in Switzerland or adapting to the regulatory environment of the Swiss healthcare market. Our market knowledge and multidisciplinary advice is appreciated by world-renowned manufacturers of pharmaceuticals or medical devices as well as by young start-up companies or domestic service providers, such as hospitals, pharmacy groups or doctors with their own practice.

We have a long standing experience in supporting our Life Sciences and Healthcare clients in:

  • Research and development (particularly in clinical trials)
  • Patent enforcement
  • Regulatory authorisations
  • Advertising and distribution issues
  • Pricing strategies and reimbursements under social security law
  • Compliance
  • Liability issues
  • Data protection

We provide truly full service.

When Experience Matters.

Whether it is the launch of a new therapy, an adaptation to regulatory requirements in Switzerland, an international patent dispute, the formation of a strategic alliance or a merger with a competitor, we know your market environment and understand how we can support you in taking the next steps. Together with you, we ask the right questions and find creative solutions. In doing so, we anticipate risks and solve problems before they arise. We advise you on your contracts or defend your interests before civil and administrative courts. Whatever challenges you face, wherever the problem lies: The CMS team has exactly the right solution for you!

Our clients include:

  • Bayer
  • Vista Klinik
  • Mobile Health
  • Pfizer
  • GE Healthcare
  • Takeda
  • Eli Lilly
  • Zur Rose 

Recent highlights of our work:

  • Representing Bayer (Switzerland), the Swiss branch of the leading Germany-based global pharmaceuticals manufacturer.  Our Switzerland-based competition/antitrust team is advising Bayer in the highly-contested Swiss administrative proceedings regarding price recommendations for medication against erectile dysfunction traded over-the-counter. 
  • Advising mobile Health AG in connection with Consilium Care™, an electronic Patient Reported Outcomes (ePRO) SaaS system which includes the CE-marked MDD Class I medical device, Pro Care. Pro Care improves the symptoms progression monitoring for cancer patients, as well as the monitoring of their wellbeing (based on the ECOG scale).
  • Supporting Vista Klinik on building its acquisition portfolio of clinics across Switzeralnd.
  • Representation of marketing authorization holders in appeal proceedings before the Federal Supreme Court and the Federal Administrative Court concerning the inclusion of medicinal products in the list of specialities and the triennial price review by the Federal Office of Public Health (FOPH) .
  • Representation of manufacturers of inhalation devices in appeal proceedings before the Federal Administrative Court concerning adjustment of the list of medicinal products and medical devices (MiGeL).
  • Representation of medical suppliers in cantonal administrative proceedings concerning cooperation with physicians for undue benefits.
  • Representing and advising hospital managers in criminal proceedings concerning the handling of medical devices.

Find an expert

'Due to very good networking', CMS 'can provide know-how in a variety of matters', especially at a multi-jurisdictional level. Regulatory, compliance, financial benefits and pricing advice, as well as the negotiation of agreements and representation in court form the main areas of expertise.

The Legal 500, Healthcare and life sciences, Switzerland, 2019

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Healthcare
Nach einer von CMS Schweiz bei allen Stakeholdern durchgeführten Umfrage gehört der demografische Wandel und der Fachkräftemangel zu de

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18/12/2023
Digital health apps and telemedicine in Switzerland
Digital Health Apps/Software 1. How is the software within digital health apps classified in your jurisdiction, and what regulation(s) apply? 1.1 Is it considered a “medical device” or a “product”...
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08/12/2023
COP28: Global Health Under the Spotlight
Health took centre stage at the first ever ‘Health Day’ at COP28 on 3 December. The program focused the attention of world leaders on the profound public health-related issues stemming from climate...
08/11/2023
CMS Life Sciences Vital Signs, Winter 2023
2023 has seen some significant legal developments impacting the life sciences industry, and as we look ahead to 2024, there are several important developments which we would like to keep our clients informed...
08/11/2023
Cannabis law and legislation in Switzerland
Medical use As of 1 August 2022, the Swiss Federal Narcotics Act was amended to allow the use of cannabis for medical purposes. The amended narcotics law allows cannabis to be cultivated, processed, traded...
30/10/2023
Switzerland restricts reimbursement of orphan drugs
New rules for the reimbursement of orphan drugs and other unlisted medicines will become effective in Switzerland after 1 January 2024. In principle, only medicines on an exhaustive list (i.e. the list...
28/09/2023
EP Case Law in Brief: Erroneous Disclosures
“Mistakes in a document do not in themselves constitute prior art such as to prevent the grant of a patent.”So begins section I.C. 4.9 of the Case Law of the Boards of Appeal. This statement, and...
12/06/2023
CMS updates Global Expert Guide to Digital health apps and telemedicine
Digitisation is advancing steadily. Its pioneering innovations challenge all parties involved.One of the most important aspects in this area is the huge potential that lies in the digitisation of healthcare.In...
07/06/2023
Competition law aspects of ESG initiatives in the life sciences & healthcare...
I. In­tro­duc­tion­G­lob­ally and in the EU, the initiatives to promote ESG developments are increasing. However, companies are still required to comply with competition law regulations and need more clarity...
23/05/2023
Patent law in Switzerland: Are numeric ranges excluded from the doctrine...
When are patent claims with numbers or measurements infringed? Can competitors be held liable for patent infringement if their product has characteristics outside the claimed range? The Swiss Federal...
02/05/2023
CMS updates Expert Guide on cannabis law and legislation
CMS Expert Guide on cannabis law and le­gis­la­tion gives stakeholders detailed and updated information on the latest developments in cannabis regulation in key markets. The Guide now covers two new jur­is­dic­tions:...
26/04/2023
CMS one of the "Top Law Firms" in Switzerland in 28 areas of law
The Swiss business magazine BILANZ, the Handelszeitung, and the magazine PME have awarded the "Top Law Firms" in Switzerland for the 7th time. Out of the 31 legal areas, CMS von Erlach Partners (CMS Switzerland) was ranked as one of the top 25 law firms in Switzerland in 28 areas, which is more than any other law firm in Switzerland. This confirms our position as a leading full-service law firm in the country.
12/04/2023
CMS Switzerland recommended by The Legal 500 EMEA 2023
Rankings of CMS Switzerland in The Legal 500 EMEA 2023 Edition