Portrait ofJens Wagner

Dr. Jens Wagner

Partner
Rechtsanwalt | Chair of the CMS Life Sciences & Healthcare Group

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

Jens Wagner is the Global Chair of the CMS Life Sciences & Healthcare Group, and was previously Co-Head of the group for eight years.

With long-standing experience in the pharmaceutical, biotech, medical device and food supplements sectors, Jens 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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Listed for Pharmaceutical Law

Deutschlands beste Anwälte 2024 – Handelsblatt in Kooperation mit Best Lawyers

Listed for Biotechnology Law

Deutschlands beste Anwälte 2024 – Handelsblatt in Kooperation mit Best Lawyers

Listed as notable practitioners for Corporate/M&A

Chambers Europe, 2024

‘We value him both as a tough litigator and as a very competent adviser and negotiator. Due to his excellent industry expertise and team orientation, he is able to build a powerful life sciences team around the younger partners and counsel.‘, client

Chambers Europe, 2024

‘The Life Sciences team in Hamburg with Jens Wagner as lead partner is our central contact for all questions and topics relating to medical devices.’, client

The Legal 500 EMEA, 2024

‘He demonstrates experience and a strategic approach.‘, client

Chambers Europe, 2024

„Oft empfohlen“ für Marken- und Wettbewerbsrecht

JUVE Handbuch, 2023/2024

„Oft empfohlen“ für Gesundheitswesen

JUVE Handbuch, 2023/2024

"Due to his excellent industry expertise and his team orientation, he has been able to build a powerful life sciences team.", client

Chambers Europe, 2023

"We value him both as a tough litigator and as a very competent adviser and negotiator.", client

Chambers Europe, 2023

"Jens Wagner has successfully managed and coordinated large international matters with his calm and level-headed manner.", client

Chambers Europe, 2023

Listed as notable practitioner

Chambers Europe, 2023

Listed as leading individual

Chambers Europe, 2023

Listed for Pharmaceutical Law

Deutschlands beste Anwälte 2023 – Handelsblatt in Kooperation mit Best Lawyers

Listed for Biotechnology Law

Deutschlands beste Anwälte 2023 – Handelsblatt in Kooperation mit Best Lawyers

Lawyer of the Year for Pharmaceutical Law

Deutschlands beste Anwälte 2023 – Handelsblatt in Kooperation mit Best Lawyers

"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)

"Jens Wagner is praised by clients for his 'calm and level-headed manner', and is valued as a 'tough litigation attorney and a very competent adviser and
negotiator'."

Chambers Europe, 2022

Listed as Leading Individual

Chambers Europe, 2022

Listed as notable practitioner

Chambers Europe, 2022

"extremely reliable lawyer who always finds a workable solution, even in difficult situations", client; "highly competent in international contract matters", "efficient, competent and approachable", competitors

JUVE German Commercial Law Firms 2022 (GCLF)

"Recommended" for Pharmaceuticals and Healthcare

JUVE German Commercial Law Firms 2022 (GCLF)

"Recommended" for Trademarks and Unfair Competition

JUVE German Commercial Law Firms 2022 (GCLF)

"calm and level-headed, tough litigator and highly competent advisor, excellent sector expertise, team-oriented", "extremely reliable lawyer who always finds a workable solution, even in difficult situations", clients; "efficient, competent and approachable", competitor

JUVE German Commercial Law Firms 2022 (GCLF)

"We value Jens Wagner both as a tough litigator and as a very competent advisor and negotiator. Due to his excellent industry expertise and his team orientation, he was able to build a powerful life sciences team around the younger partners and counsel.", client

The Legal 500 EMEA, 2022

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

08/05/2024
Pharmaceutical advertising regulation and medical device advertising in...
1. Which laws are applicable regarding advertising of medicines and medical devices? The Unfair Competition Law Act (“Gesetz gegen den unlauteren Wettbewerb” or “UWG”) provides the general framework...
16/11/2023
On the Pulse Webinar Series 2023 - Autumn
On the Pulse webinar series brings you updates on the latest legal and commercial developments in the life sciences & healthcare sector. The Autumn edition will see our CMS sector specialists cover: Commercial - Deal landscape and transaction trends in the Life Sciences SectorDispute Resolution - The midnight clause: why choice of law and jurisdiction clauses matterPublic Procurement - Typical pitfalls to be avoided in a procurement process for pharma and medical devices suppliesequIP - Pitfalls for life sciences start-ups to avoidEach webinar will be one hour in length with a 15-minute Q&A session. To register for the full series or just the topics of interest to you, click on the registration links below. To watch the Spring webinars in the On the Pulse series, visit here.
26/10/2023
Global Life Sciences & Healthcare Forum 2023 – recordings & presentations
We were delighted to bring you this year’s Forum, “Blurring Boundaries - Exploring the convergence of life sciences and law”, from Amsterdam. The theme “Blurring Boundaries - Exploring the convergence of life sciences and law” aimed to:Uncover the latest breakthroughs: Dive into the forefront of life sciences advances, including biotechnology, genetics, pharmaceuticals, and medical devicesAddress the regulatory gap: Engage in interactive workshops to bridge the divide between rapid innovation and the development of legal frame­work­sNav­ig­ate global challenges: Explore the impact of globalisation, ethical considerations, privacy concerns, and societal implications on the life sciences sectorFoster collaboration: Connect with legal and scientific minds, exchange ideas, and build valuable re­la­tion­shipsP­resent­a­tions were delivered by fantastic industry speakers, including Annemiek Verkamman (Managing Director, Hollandbio), Charida Dorder (Member of the Dutch AI Coalition), Wouter Boon (Associate Professor, Utrecht University) and Marc Kaptein (Medical Director, Pfizer), as they shared their expertise, thoughts and insights on how the sector is “Blurring Boundaries”. We were also joined by Simon Neill (Senior Legal Director) at Johnson & John­son and Joep Rijnierse (Senior Medical Director) at Amgen in our workshops. This webpage has been designed to keep you updated on the Forum, our speakers, as well as provide you with the useful resources complementing the theme “Blurring Boundaries - Exploring the convergence of life sciences and law”. You will also find on this page details on how to stay connected with CMS through our upcoming webinar series, On the Pulse Webinar Series 2023 - Autumn (cms. law); free eAlert service, Law-Now; and social media channels.
16/10/2023
Blurring Boundaries – Exploring the convergence of life sciences and law
A unique life sciences Forum brought the legal challenges created by the rapid pace of technological advances into sharp focus with sector focused sessions and informative workshops. Experts from across the sector framed the incredible potential from digital and AI and called for the expertise of legal teams to take the ‘’regulatory handbrake’ off innovation that has transformative potential for healthcare systems and patients. CMS’s much-anticipated Global Life Sciences & Healthcare Forum 2023, co-hosted by Ellen Gielen, Roland Wiring and Gertie Lintjens, delivered a wealth of insight and ignited discussion about how regulatory frameworks can be tested and revised without compromising safety, security and compliance. Blurring Boundaries – Exploring the convergence of life sciences and law heard from leading figures from pharmaceutical companies, cutting edge AI enterprises, legal experts and biotech organisations with a strong accent on debate and collaboration. Marc Kaptein, Medical Director, Pfizer, revealed the unchartered territory he and his team had to tread during the pandemic as the company partnered with BioNTech to release a COVID vaccine and maximise its public uptake. In a fascinating talk, he outlined the twists and turns of the inside story of how Pfizer struck a rapid deal with BioNTech by ‘shaking hands’ and then balanced the societal benefits of maximising its vaccination with legal constraints designed to control public promotion.A willingness to break fresh ground legally, politically, scientifically and logistically was an integral part of the success story and he underlined to guests at the Forum, held in Amsterdam, that ‘without blurring boundaries, we would not have got where we are today’. Joep Rijnierse, Senior Medical Director at Amgen, highlighted its pioneering approach to  work closely with patient groups to generate therapy promise across a complete health condition. He said that the company’s medical departments worked with internal and external legal advisers to find ways to manage constraints in the mission to enhance all areas of healthcare delivery to improve systems and outcomes. Legal expertise is critical in shaping the landscape for AI developments and speakers from across the life sciences spectrum underscored the need for regulatory frameworks to evolve at pace. Life sciences is experiencing seismic change and Thibault Helleputte, the Founder and CEO of DNAlytics, revealed that the BioGPT initiative was able to identify medical hypotheses from deep in the data of 15 million papers in PubMed library to give scientists unprecedented R&D leads. The Forum was an opportunity to discuss how legal teams can use their skill and knowledge to ensure that regulatory frameworks did not impede progress and to explore fast and safe pathways for innovations to become working reality. Wouter Boon, Associate Professor in Innovation and Life Sciences at Utrecht University, emphasised the need to place legal aspects at the inception of the innovation process, observing that the sector was ‘highly regulated for all good reasons but it means that radical innovation has a tough job.’The Forum covered an impressive sweep of themes including AI, digital therapeutics, the challenges of multi-jur­is­dic­tion­al online pharmacies, the new EU medicines directive and co-creation with regulators.“We had a great range of speakers who focused on advances and roadblocks across the life sciences sector and provided us all with some innovative and provocative approaches,” said Nick Beckett, Global Co-Head of CMS Life Sciences & Healthcare Sector Group. “It was a fantastic opportunity to discuss, explore and collaborate and the insights and learnings it generated will help us face global challenges in life sciences.“We have to navigate global challenges such as sustainability, poverty, inequality, ageing populations; concerns about privacy with the use of data, concerns about ethics and the use of AI. To do that we need global perspectives and we believe that CMS as a firm, with 80 offices worldwide, is well positioned to navigate issues, foster collaborations and be a vital partner in moving life science innovation forward in the digital age.”
12/10/2023
Global Life Sciences & Healthcare Forum 2023
Blurring Boundaries - Exploring the convergence of life sciences and law
09/10/2023
Closing the gap between fast-paced technological advances in life sciences...
CMS Life Sciences & Healthcare Sector Group’s Forum 2023 provides expert insights, discussion and innovations to meet the challenge
23/03/2023
On the Pulse webinar series 2023 - Spring
Welcome to the launch of the On the Pulse webinar series
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.
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
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
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.
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...
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