Services - Dr. Stephan Hees

 

Pharmaceutical law

Pharmaceutical products, medical devices (authorization, distribution, borderline issues) advertising of pharmaceutical products (e.g. with clinical study results, on the internet, advertising comparisons), contract drafting for the pharmaceutical industry (e. g. manufacturing and supply, logistics, CRO, transfer of marketing authorisations, license agreements, co-promotion, co-marketing, co-distributorship - in Germany so called "Mitvertrieb"-, discount contracts)

There is a great need for qualified legal advice in the health care sector because one amendment to the laws in question follows another. It appears to be the legislator's belief that only through constant adjustments to the legal framework can they get a grip on rising costs in health care. These are of poor quality across the board. As these adjustments have often not been thought through and contain inconsistencies, an immediate legal orientation is necessary. This is where our expertise can help.

We have expert knowledge in advising clients from the pharmaceutical and medical care industry, and long term experience in dealing with problems related to the legal situation of these clients.

We have been involved in many relevant court proceedings throughout Germany for many years, which are often decided in Hamburg, Frankfurt and Cologne. We provide effective and result-oriented advise in urgent and main proceedings in court. This enables us to position our clients in landmark disputes.

For example, we are currently involved in a large number of lawsuits concerning the effects of the Falsified Medicines Directive implemented from February 2019 on the distribution of pharmaceutical products. In addition, we have broad experience in the parallel distribution of medical devices. Finally, we have succeeded in having an association legally recognised by the courts as a leading organisation of pharmaceutical entrepreneurs at federal level.

We have been listed in the Juve-Handbook of German commercial law firms as a recommended law firm in the area of law regarding pharmaceutical products and medical devices since 2000.

 

Quotation:

Rating: Recommended in the area of law regarding pharmaceuticals and medical products
Recommended attorneys:
Dr. Stephan Hees (Competitors: "brillant pharma lawyer, real teamplayer", "exceptionally gifted expert in the field of pharmaceutical law, good overview of other fields of law", "very good opponent", "excellent"; client: "client-focused, fast and straightforward").

 

Highlights of the last years (an excerpt)

  • LG Hamburg, judgment of 28 January 2021 (final) - 327 O 364/20 - The first judgment in Germany accepting the possibility of reboxing for imported medicinal products instead of relabeling due to the FMD paradigm shift, PharmR 2021, 208 ff.                                                                                                                                                   
  • LG Hamburg, court order of 27 February 2020 - 312 O 177/19 - Votrient,
    Request for a preliminary ruling by the ECJ concerning the FMD topic (reboxing/relabeling) in the case of parallel importation of medicinal products,
    PharmR 2020, 367 ff.
  • BGH, judgment of 2 December 2015 - I ZR 239/14 - Eligard,
    PharmR 2016, 332 ff., WRP 2016, 874 ff., GRUR 2016, 702 ff., MarkenR 2016, 307 ff.
  • BGH, judgment of 30 March 2017 - I ZR 263/15 - Bretaris Genuair,
    WRP 2017, 1337 ff., GRUR 2017, 1160 ff., MarkenR 2017, 482 ff.
  • BGH, judgment of 20 January 2016 - VIII ZR 26/15
    - Disproportionate contractual penalty for pharmaceutical delivery,
    PharmR 2016, 128 ff., NJW 2016, 1230 ff., BB 2016, 523 ff., ZIP 2016, 474 ff.,
  • OLG Frankfurt, judgment of 20 December 2018 - 6 U 129/18 - UrgoTül,
    PharmR 2019, 253 ff.
  • BSG, judgment of 8 August 2019 - B 3 KR 16/18 R
    - VAD as leading organisation of pharmaceutical entrepreneurs,
    LSG Berlin-Brandenburg A&R 2018, 226 ff.

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Intellectual property

Unfair competition, trademark, patent, copyright and licensing law

Along with Frankfurt, Cologne and Munich, Hamburg is known to be one of Germany's centres for IP-related litigation. As the legal practices and rulings of the different courts can be diverse, it is of great importance to be familiar with the local customs of the courts, in order to select the best forum for each case. We are able to represent our clients at all German regional and higher regional courts.

We are dedicated to finding new solutions for our clients, and focus on enforcing these solutions by trying to amend and advance the current legal practice of the courts to our client's advantage.

We have a proven track record and a wealth of experience advising companies from the pharmaceutical and medical care industry.

Publications

  • Der Wettbewerbsprozeß - Abmahnung Schutzschrift, Rostock 1991
  • Erstattung der Kosten des Eilverfahrens nach Obsiegen in der Hauptsache, MDR 1994, 438 f.

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Corporate law

Legal advice for Managing Directors and Shareholders, corporate litigation, M&A advice for Mittelstand ("Seller-side")

Member of the academic "Association for Corporate Law" ("Vereinigung für Unternehmens- und Gesellschaftsrecht (VGR)").

Highlights of the last years (an excerpt)

  • Sale and transfer of all shares in a stock corporation not listed on the stock exchange (IT company in the field of document-, contract- and licence-management).
  • Dr. Stephan Hees has exclusively advised the owners of a major German-based IT and engineering services provider with a total of 15 group companies, including subsidiaries based in the US and the Czech Republic, on the sale of all shares in the company to an India/US-based leading global technology company.
  • Successful defence of a shareholder squeeze-out and settlement at book value at the Hamburg courts (LG Hamburg/HansOLG) in favour of a leading quality provider of wellness and fitness facilities.
  • The Hamburg Regional Court has appointed Dr. Stephan Hees as joint representative of the outside shareholders of the Hamburg-based Phoenix AG in the legal proceedings against ContiTech AG regarding the controlling and profit transfer agreement concluded between the two companies and the merger of these companies respectively.

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Real estate

Buying and selling of real estate portfolios, legal problem solving in the procedure of public notary involvement, commercial lease law

  • Acquisition and sale of real estate portfolios
  • Solutions for the implementation of notarised real estate contracts
  • Commercial leasing

Publications

  • Arrest und einstweilige Verfügung in WEG-Verfahren - Rechtsschutz für den Schuldner, ZMR 2001, Seite 14 ff. (Heft 1)

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© H E E S RECHTSANWÄLTE   · Alsterufer 16 · D-20354 Hamburg · T +49 (0) 40 - 35 72 36 36 · F +49 (0) 40 - 35 72 36 33 · hees@heeslawfirm.de

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