Portrait of Jens Wagner

Dr. Jens Wagner

Partner
Rechtsanwalt | Co-Head of the CMS Life Sciences & Healthcare Group

CMS Hasche Sigle
Stadthausbrücke 1-3
20355 Hamburg
Germany
Languages English, German

With long-standing experience in the pharmaceutical, biotech, medical device and food supplements sectors, Jens Wagner provides comprehensive advisory and litigation services to life science companies. He also assists companies in various industries with IP matters. Alongside trademark, patent and licensing cases, his clients regularly instruct him with regulatory and compliance mandates. Business development transactions and agreements as well as liability and IP litigation are also important practice areas.

Jens joined one of the CMS predecessor firms in 1994 and has been a CMS partner since 1998. He worked with Thacher, Albrecht & Ratcliffe in San Francisco in 1993 and was seconded to CMS in London in 2000.

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"One client appreciates his 'calm and level-headed manner,' adding: 'We value him both as a tough trial lawyer and as a very competent adviser and negotiator'."

Chambers Europe, 2021

Listed as notable practitioner

Chambers Europe, 2021

"preeminent expertise in international contractual matters", competitor

JUVE German Commercial Law Firms 2021 (GCLF)

"Recommended" for Pharmaceuticals and Healthcare, Trademarks and Unfair Competition

JUVE German Commercial Law Firms 2021 (GCLF)

"extremely skilled in international contexts"

JUVE German Commercial Law Firms 2015 (GCLF)

"hard yet likeable opponent" (competitor)

JUVE German Commercial Law Firms 2015 (GCLF)

"He is described as ‘very solution-oriented’ and is recommended for his ‘around-the-clock availability and responsiveness’."

Chambers Europe 2015

"opponent to be taken seriously, very personable"

JUVE German Commercial Law Firms 2014 (GCLF)

"rare combination of competence, unpretentious demeanor and excellent collaboration" (competitors)

JUVE German Commercial Law Firms 2014 (GCLF)

Memberships & Roles

  • German Association for the Protection of Intellectual Property (GRUR)
  • Guest member of GRUR’s expert committee for pharmaceutical and food law

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Publications

  • Pick and mix - Choosing between European and German customs actions, Copyright World 2006, p. 15 ff

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Education

  • 1995: PhD (Dr. jur.)
  • 1994: Admitted as a lawyer
  • Law studies in Hanover and Hamburg
  • Trained as a banker

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Feed

22/11/2022
Glob­al Life Sci­ences & Health­care For­um 2022 – re­cord­ings & present­a­tions
Un­cer­tain times, an evolving leg­al frame­work: man­aging risks and en­sur­ing so­cial re­spons­ib­il­ity in the life sci­ences & health­care sec­tor The risks of AI in the fu­ture of life sci­ences came un­der the mi­cro­scope at a land­mark leg­al For­um in Septem­ber.Health­care is ra­cing ahead in ad­opt­ing new tech­no­lo­gies across drug dis­cov­ery, de­vel­op­ment, man­u­fac­tur­ing and sup­ply chain but ex­perts pre­dict a tail-whip of dis­putes and con­tract fric­tion.Di­git­al trans­form­a­tion has the po­ten­tial to im­prove every as­pect of health­care and the pharma in­dustry but it also im­pacts data pro­tec­tion, IT se­cur­ity, con­tract design, li­ab­il­ity and reg­u­la­tion.The an­nu­al CMS Glob­al Life Sci­ences and Health­care For­um brought to­geth­er high-level in­dustry and leg­al ex­perts to dis­cuss sec­tor in­tel­li­gence and best prac­tice as well as is­sues ran­ging from cy­ber breaches and crypto­cur­rency wrangles to fall-outs over trade secrets and in­tel­lec­tu­al prop­erty (IP).“AI of­fers amaz­ing op­por­tun­it­ies to ad­vance life sci­ences and ush­er in trans­form­at­ive medi­cine such as cell and gene ther­apy, im­proved dia­gnostics and ana­lyt­ics but it also comes with con­cerns as leg­al and con­trac­tu­al risks are still be­ing un­der­stood and eval­u­ated,” says Nick Beck­ett, Glob­al Co-Head of CMS Life Sci­ences & Health­care Sec­tor Group“Sci­ence and tech­no­logy are mov­ing for­ward very quickly but we are find­ing that the de­tail and strategy of what to do to mit­ig­ate risks or re­solve them is lag­ging be­hind. These are crit­ic­ally im­port­ant is­sues that com­pan­ies need to ad­dress and the For­um ex­amined the im­plic­a­tions and solu­tions.”AI is boom­ing and a re­cent re­port by ana­lysts Grand View Re­search fore­cast that the glob­al AI in health­care mar­ket will grow from its cur­rent value of $10.4 bil­lion at a com­pound an­nu­al growth rate (CAGR) of 38.4% from 2022 to 2030. AI is fast be­com­ing a sig­ni­fic­ant ele­ment of every as­pect of health­care and leg­al de­part­ments and busi­ness units are be­ing chal­lenged to re­spond.The For­um, which was held in Brus­sels and on­line on Thursday, Septem­ber 29, had a packed agenda cov­er­ing tech­no­logy trans­form­a­tion, En­vir­on­ment­al, Sus­tain­ab­il­ity and Gov­ernance, sup­ply chain dis­rup­tion, reg­u­lat­ory frame­works and the chan­ging com­mer­cial land­scape.The scale of chal­lenge was evid­enced in the re­cent CMS Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape re­port which re­vealed that 56% of cor­por­ate coun­sel and risk man­agers ex­pect an in­crease in AI-re­lated dis­putes, while 50% be­lieve that the use of AI tech­no­lo­gies will lead to risks and dis­putes that can­not cur­rently be fore­seen.Dis­putes will be driv­en by is­sues arising from IP and trade secrets, the use of AI, smart con­tracts, crypto­cur­ren­cies and cloud ser­vices, they be­lieve.“Or­gan­isa­tions are likely to see new types of risks and dis­putes emerge from the use of new tech­no­lo­gies such as AI and crypto­cur­ren­cies. Many busi­nesses are play­ing catch-up in un­der­stand­ing the risks as­so­ci­ated with these new tech­no­lo­gies,” says Lee Gluyas, Part­ner, CMS. “Whilst no busi­ness can elim­in­ate risks com­pletely, those that think ahead, plan early and act­ively man­age risk will give them­selves a sub­stan­tial ad­vant­age.”Fea­tured key­note speak­ers from the United Na­tions Health and De­vel­op­ment Team, gen­er­al coun­sel from lead­ing pharma com­pan­ies, Bo­ston Con­sult­ing Group, fin­an­cial ser­vices mul­tina­tion­al Aon and CMS sec­tor spe­cial­ists.
22/11/2022
Glob­al Life Sci­ences & Health­care For­um 2022: Life Sci­ences are reap­ing...
Di­git­al trans­form­a­tion in life sci­ences is cre­at­ing op­por­tun­it­ies to counter health­care’s most in­tract­able prob­lems from treat­ing rare dis­eases to ac­cel­er­at­ing dia­gnostics and re­du­cing treat­ment back­logs...
09/11/2022
Glob­al Life Sci­ences & Health­care For­um 2022: The Life Sci­ences sec­tor...
The open­ing of COP27 has brought an in­tense glob­al fo­cus on cli­mate change and the tower­ing de­mands needed to reach car­bon net zero and to pro­tect the en­vir­on­ment. United Na­tions Gen­er­al Sec­ret­ary Ant­o­nio...
02/11/2022
Glob­al Life Sci­ences & Health­care For­um 2022: The leg­al sec­tor has a key...
The United Na­tions has pledged to use its pur­chas­ing fire­power to ac­cel­er­ate sus­tain­ab­il­ity along the health­care sup­ply chan­nel and called on the leg­al sec­tor to sup­port its ef­forts. Law­yers are crit­ic­al...
26/09/2022
Glob­al LSHC For­um 2022 | Press re­lease
Un­cer­tain times, an evolving leg­al frame­work: man­aging risks and en­sur­ing so­cial re­spons­ib­il­ity in the life sci­ences & health­care sec­tor The risks of AI in the fu­ture of life sci­ences will come un­der the mi­cro­scope at a land­mark leg­al for­um this week.Health­care is ra­cing ahead in ad­opt­ing new tech­no­lo­gies across drug dis­cov­ery, de­vel­op­ment, man­u­fac­tur­ing and sup­ply chain but ex­perts pre­dict a tail-whip of dis­putes and con­tract fric­tion.Di­git­al trans­form­a­tion has the po­ten­tial to im­prove every as­pect of health­care and the pharma in­dustry but it also im­pacts data pro­tec­tion, IT se­cur­ity, con­tract design, li­ab­il­ity and reg­u­la­tion.The an­nu­al CMS Glob­al Life Sci­ences and Health­care For­um will bring to­geth­er high-level in­dustry and leg­al ex­perts to dis­cuss sec­tor in­tel­li­gence and best prac­tice as well as is­sues ran­ging from cy­ber breaches and crypto­cur­rency wrangles to fall-outs over trade secrets and in­tel­lec­tu­al prop­erty (IP).“AI of­fers amaz­ing op­por­tun­it­ies to ad­vance life sci­ences and ush­er in trans­form­at­ive medi­cine such as cell and gene ther­apy, im­proved dia­gnostics and ana­lyt­ics but it also comes with con­cerns as leg­al and con­trac­tu­al risks are still be­ing un­der­stood and eval­u­ated,” says Nick Beck­ett, Glob­al Co-Head of CMS Life Sci­ences & Health­care Sec­tor Group“Sci­ence and tech­no­logy are mov­ing for­ward very quickly but we are find­ing that the de­tail and strategy of what to do to mit­ig­ate risks or re­solve them is lag­ging be­hind. These are crit­ic­ally im­port­ant is­sues that com­pan­ies need to ad­dress and the For­um will ex­am­ine the im­plic­a­tions and solu­tions.”AI is boom­ing and a re­cent re­port by ana­lysts  Grand View Re­search fore­cast that the glob­al AI in health­care mar­ket will grow from its cur­rent value of $10.4 bil­lion at a com­pound an­nu­al growth rate (CAGR) of 38.4% from 2022 to 2030. AI is fast be­com­ing a sig­ni­fic­ant ele­ment of every as­pect of health­care and leg­al de­part­ments and busi­ness units are be­ing chal­lenged to re­spond.The For­um, which is be­ing held in Brus­sels and on­line on Thursday, Septem­ber 28, has a packed agenda cov­er­ing tech­no­logy trans­form­a­tion, En­vir­on­ment­al, Sus­tain­ab­il­ity and Gov­ernance, sup­ply chain dis­rup­tion, reg­u­lat­ory frame­works and the chan­ging com­mer­cial land­scape.The scale of chal­lenge was evid­enced in the re­cent CMS Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape re­port which re­vealed that 56% of cor­por­ate coun­sel and risk man­agers ex­pect an in­crease in AI-re­lated dis­putes, while 50% be­lieve that the use of AI tech­no­lo­gies will lead to risks and dis­putes that can­not cur­rently be fore­seen.Dis­putes will be driv­en by is­sues arising from IP and trade secrets, the use of AI, smart con­tracts, crypto­cur­ren­cies and cloud ser­vices, they be­lieve. “Or­gan­isa­tions are likely to see new types of risks and dis­putes emerge from the use of new tech­no­lo­gies such as AI and crypto­cur­ren­cies. Many busi­nesses are play­ing catch-up in un­der­stand­ing the risks as­so­ci­ated with these new tech­no­lo­gies,” says Lee Gluyas, Part­ner, CMS. “Whilst no busi­ness can elim­in­ate risks com­pletely, those that think ahead, plan early and act­ively man­age risk will give them­selves a sub­stan­tial ad­vant­age.” The free to at­tend For­um will fea­ture key­note speak­ers from the United Na­tions Health and De­vel­op­ment Team, gen­er­al coun­sel from lead­ing pharma com­pan­ies, Bo­ston Con­sult­ing Group, fin­an­cial ser­vices mul­tina­tion­al Aon and CMS sec­tor spe­cial­ists.For fur­ther de­tails or to at­tend, re­gister here: ht­tps://cms.law/en/int/events/glob­al-life-sci­ences-health­care-for­um-2022.
15/09/2022
Phar­ma­ceut­ic­al ad­vert­ising reg­u­la­tion and med­ic­al device ad­vert­ising in...
1. Which laws are ap­plic­able re­gard­ing ad­vert­ising of medi­cines and med­ic­al devices? The ad­vert­ising of medi­cines and med­ic­al devices is gov­erned by the Law on Ad­vert­ising in the Health Sec­tor (Heilmit­tel­wer­bege­setz...
29/09/2022
Glob­al LSHC For­um 2022
Un­cer­tain times, an evolving leg­al frame­work: man­aging risks and en­sur­ing so­cial re­spons­ib­il­ity in the life sci­ences & health­care sec­tor
26/07/2022
CMS Ex­pert Guide on Bolar Pro­vi­sions
In­tro­duc­tion Bolar pro­vi­sions, named after the US law en­acted to over­turn a court rul­ing which had held that the USA did not provide for a re­search ex­emp­tion (see Roche Products, Inc. v. Bolar Phar­ma­ceut­ic­al...
Comparable
07/2022
CMS Life Sci­ences & Health­care Glob­al Bro­chure
With big deals fuel­ling re­cord levels of M&A activ­ity, a steady stream of in­nov­at­ive and dis­rupt­ive tech­no­lo­gies, new and in­creas­ingly com­plex reg­u­lat­ory chal­lenges and a thriv­ing start-up com­munity...
29/09/2022
Glob­al Life Sci­ences & Health­care For­um 2022
Un­cer­tain times, an evolving leg­al frame­work: man­aging risks and en­sur­ing so­cial re­spons­ib­il­ity in the life sci­ences & health­care sec­tor
07/06/2022
CMS Ex­pert Guide to ad­verse ef­fects of drugs and vac­cines
The glob­al pan­dem­ic has ris­en a grow­ing aware­ness of the risks of ad­verse ef­fects of drugs and vac­cines. This un­ex­pec­ted event has put health­care pro­fes­sion­als in a situ­ation whereby the stand­ard pro­to­cols...
Comparable
10/12/2021
Glob­al Life Sci­ences & Health­care Fest­iv­al 2021 – Vir­tu­al – High­lights
The emer­gence of new and sus­tain­able tech­no­lo­gies