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Life Sciences & Healthcare

France

Faced with unprecedented challenges, companies in the health sector are now subject to a range of constraints: pressure on costs and selling prices, the growing threat of counterfeits, tightening regulations driven by European and international authorities, etc. In a highly competitive market, the challenge is to remain innovative and efficient. As a player in this field, you intend to adapt to and even anticipate these developments, which raise ever-more complex questions and require extremely specialised advice.

Our team of lawyers covers a large range of different specialisms, is widely recognised for its expertise in regulatory matters and has a very high level of credibility both with public authorities and all sector stakeholders. Whether you are a major international group marketing blockbusters, or a small company with a very specific pharmaceuticals business activity, we can provide you with long-term assistance with advisory and litigation services, both in France and internationally. We operate in many fields: regulations (analysis of legislation, analysis of the legal environment surrounding clinical trials, analysis of issues regarding personal health data, analysis and assistance relating to advertising and promotional campaigns for health products, examination of the validity of decisions concerning market authorisations); corporate transactions/licensing (assistance with all of your external growth, merger and acquisition transactions); pricing and reimbursement (examination of the validity of reimbursement procedures, examination of the validity of decisions made by the Economic Committee for Healthcare Products (Comité économique des produits de santé – CEPS), assistance with sales to hospitals); compliance (anti-corruption/FCPA, good promotional practices and anti-gift law); product liability (assistance and representation before the courts for liability cases); antitrust/competition (assistance with managing and determining commercial policy, parallel imports and issues surrounding compliance with competition rules); and taxes/customs (assistance with litigation regarding the various sector-specific taxes, advice and assistance with customs matters).

In addition to the specific expertise required for these topics, our overall understanding of the scientific, business and ethical elements that underpin your activities allows us to provide the most strategic response to each of your issues.

"A well-rounded team with a strong background in the regulatory aspects of life sciences. Its particular strengths are clinical trials, market authorisations, validity decisions and advertising. The team handles product liability, distribution, antitrust and compliance work for pharma and biotech companies, healthcare providers and public authorities."Chambers Europe 2015

Legal 500 Paris 2015 – CMS has "a very high level of expertise in public law" and is among the "few firms in the market who have a perfect understanding of and ability to handle public law in the context of funding".

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09/07/2020
On the con­di­tions for im­ple­ment­ing the derog­a­tions to the French "anti-gift"...
Our law­yers take stock of the Or­din­ance of 19 Janu­ary 2017 who was amended and rat­i­fied by Law No. 2019-774 of 24 Ju­ly 2019, known as the "Loi ma Santé 2022".
14 September 2020
An EPO Case Law Round-Up: Ad­ded Mat­ter
The EPO is well-known for its strict ap­proach to as­sess­ing amend­ments un­der the ad­ded mat­ter pro­vi­sion of Art­icle 123 of the European Pat­ent Con­ven­tion. This of­ten cre­ates com­plex leg­al scen­ari­os which...
26/06/2020
Best Law­yers 2021
This year, our law­yers re­ceived 133 re­com­mend­a­tions; 3 law­yers are re­cog­nised as "Law­yer of the year" in Ad­min­is­trat­ive Law and in La­bour and Em­ploy­ment Law.
13 August 2020
Sus­tain­able food pro­gress may close glob­al reg­u­lat­ory gap
In­nov­a­tion in the sus­tain­able food sec­tor is for­ging ahead at a re­mark­able pace. Our cur­rent food sources ac­count for nearly one-third of glob­al GHG emis­sions while con­sumers are in­creas­ingly bet­ter edu­cated...
26/03/2020
Cham­bers Europe 2020
Our law firm has been in­cluded in the 2020 edi­tion of the Cham­bers Europe guide. Cap­it­al mar­kets, la­bour law, etc. See all our rank­ings!
22 July 2020
Around 1600 view­ers re­gister for live video stream of com­puter soft­ware...
The En­larged Board of the European Pat­ent Of­fice re­cently heard or­al ar­gu­ments con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion. This rare event was video streamed to over 1600 pat­ent stake­hold­ers....
19/12/2019
WHAT ARE THE LEG­AL USES OF CAN­NABIS IN FRANCE?
What are the leg­al uses of can­nabis in France? Our law­yers ex­am­ine the cur­rent French can­nabis reg­u­la­tion.
14 July 2020
Santen ends Neur­im-style SPCs
The word­ing of Art­icle 3(d) of the SPC Reg­u­la­tion re­quires that the SPC ap­plic­a­tion must rely on “the first au­thor­isa­tion to place the product on the mar­ket as a medi­cin­al product”. This sug­gests...
01 July 2019
Best Law­yers 2020
More than 102 of our law­yers are re­com­men­ded: our law firm is nom­in­ated Law firm of the year in Con­struc­tion Law and in Tax Law.
08 July 2020
“WIPO PROOF”: WIPO’s new on­line ser­vice which helps in­nov­at­ors and cre­at­ors...
The World In­tel­lec­tu­al Prop­erty Or­gan­isa­tion (WIPO) re­cently launched its new on­line busi­ness ser­vice, “WIPO PROOF”. The plat­form aims to help in­nov­at­ors and cre­at­ors safe­guard their in­tel­lec­tu­al...
25/09/2020
The syn­ergy of our com­bined ex­pert­ise
CMS Fran­cis Le­fe­b­vre Avocats is one of the lead­ing in­ter­na­tion­al cor­por­ate law firms.
02 July 2020
EU agrees new class ac­tion re­gime for con­sumer dis­putes
After a long gest­a­tion, on 30 June 2020 the Coun­cil of the EU pub­lished the text for the col­lect­ive re­dress dir­ect­ive (the “CR Dir­ect­ive”) (text avail­able here). This le­gis­la­tion is in­ten­ded to bet­ter...