Mandated by Deutsche Hochschulmedizin e. V., the two partners of the law firm have been involved since 2019 in the negotiations for the development of guidelines for the drafting of contracts for clinical trials with medicinal products. The model contract clauses 2.0 have been available since the end of 2023.

In terms of the number of clinical research studies, Germany is currently at risk of losing ground to leading countries such as Spain and France. One of the main reasons identified for this is the comparatively long time it takes to negotiate contracts between study sponsors, usually pharmaceutical companies, and trial centers, e.g. medical practices or clinics. A frequent point of contention in contract negotiations is the assignment of rights to inventions and the question of whether additional remuneration is to be paid for the transfer of inventions. It is not uncommon for such test centers to be university hospitals that are financed by public funds, which means that state aid regulations also play a role.

However, lengthy contract negotiations hamper innovation in Germany, deter study sponsors, cost money and delay the market launch of important drugs.

To avoid these delays, sample contract clauses for drafting contracts for clinical trials with medicinal products were published back in May 2019 – by “Deutsche Hochschulmedizin e. V.”, the “KKS-Netzwerk” (“Koordinierungszentren für klinische Studien KKS and Zentren für klinische Studien ZKS”), the pharmaceutical associations vfa and BPI as well as the BVMA (Bundesverband Medizinischer Auftragsinstitute e. V.).

At the end of 2023, after lengthy negotiations, a further developed version was published, supplemented by the frequently controversial topics of “data protection” and “inventions/property rights in the context of clinical trials”. It is intended to help speed up the drafting of contracts between commercial sponsors, trial centers and any third parties with practical recommendations. Other associations, such as the BPI (Bundesverband der Pharmazeutischen Industrie) and the BVMA (Bundesverband Medizinischer Auftragsinstitute BVMA e. V.) have also signed up to the further developed model contract clauses 2.0.

Translated with DeepL.com (free version)The BOEHMERT & BOEHMERT partners Dr. Ute Kilger, patent attorney, and Dr. Sebastian Engels, attorney at law, have been significantly involved in the negotiations on the drafting of the extended model contract clauses relating to IP rights since 2019. The attorneys were mandated by Deutsche Hochschulmedizin e. V.

The article “EUIPO refuses to register Porsche’s sound mark” by BOEHMERT & BOEHMERT partner and lawyer Dr. Florian Schwab was named the most popular “Legal Update” of the renowned IP portal in 2023 by WTR Daily. The online portal posts daily articles on relevant decisions in trademark law from the most important countries worldwide.

In the online article published on September 7, 2023, Dr. Schwab analyzes the rejection by the European Union Intellectual Property Office (EUIPO) of the EU trademark application filed by car manufacturer Porsche for a sound mark in the form of an electronic sound sequence. In its decision, the EUIPO found that the artificial reproduction of an accelerating engine for the claimed motor vehicles and digital services had no distinctive character. Rather, the sound would be perceived as typical for these claimed goods and services and would not constitute “striking or memorable elements”.

Dr. Florian Schwab’s article is available in full to registered users of WTR Daily here.

Relocation to new building at Hildegard-von-Bingen-Straße 5 in the immediate vicinity of the University of Bremen

Even the most charming building can become too small for an ambitious team. This is what happened in the Art Deco villa built at the beginning of the 20th century at the founding location of BOEHMERT & BOEHMERT Bremen at Hollerallee 32.

Alternative premises were sought and found to accommodate a larger space requirement. From December 15, 2023, you will find us in a newly constructed building at Hildegard-von-Bingen-Straße 5 in 28359 Bremen.

Our new location has parking spaces but is also ideally connected to local transport due to its proximity to the University of Bremen. Streetcar line no. 6 and bus lines 24, 21, 22, 28, 31, 630 and 370 stop at “Universität Süd” or “Lise-Meitner-Straße”.

We look forward to welcoming you to our new premises soon!

Around 17,800 attorneys were invited to take part in the survey. Almost 4,000 lawyers from more than 2,400 law firms gave their assessment.

In the summer of this year, the F. A. Z. Institute, in collaboration with Statista, asked around 17,800 attorneys about their satisfaction with their employer and whether they would recommend it to others. In addition, the online reputation of the law firms as employers on the Internet was also taken into account in the evaluation.

The result of the survey is a ranking of 75 law firms with the best score of more than 2,400 participating law firms.