Is a competitor advertising using improper cure promises? Is a competitor concealing the effects of pharmaceuticals, homeopathic agents, medicinal products, or curative treatments? Is your competitor ensuring its purchasers extras or gratuities that are impermissible according to the drug law? Is it your opinion that the competition is advertising in some other way that is impermissible for drugs? As a competitor or other authorized association, you can defend yourself against such violations against the drug advertising law and ensure that the competition keeps to the legal stipulations.
What we offer
We will check the legal situation for you if you have the impression that a competitor is not keeping to the legal rules of the game regarding the drug advertising law or the competition law. If there are legal violations, we will document them and develop a strategy for you in order to stop the violations as quickly and efficiently as possible.
We usually start with an official warning notice demanding cease-and-desist, information, compensatory damages, withdrawal, and reimbursement of attorney's fees. If the recipient of the warning notice fails to give sufficient declaration to cease-and-desist in response to the warning notice or if said person fails to fulfill the other claims, then we will initiate the necessary steps for court proceedings. Claims in this case can be enforced in the form of a temporary injunction or a complaint. We can represent you anywhere in Germany. Take advantage of our many years of experience in many drug advertising law disputes, competition law disputes, and court proceedings.
Scope of service
- Examination and assessment of the technical and legal situation
- Consulting with respect to the legal options and the strategic procedure
- Out-of-court representation in warning notice proceedings
- Court enforcement before all district and regional courts in Germany by means of temporary injunctions or complaints
- Enforcement of cease-and-desist claims by asserting contractual penalties or fines
Costs
We normally offer our services to you calculated according to the time spent at a suitable hourly rate or according to the Attorneys Compensation Act (RVG). We believe that cost transparency
and cost reliability form the basis of successful cooperation. We will be happy to provide you with an estimate of the expected costs and the cost risk before taking the job.
