For decades, the experts at FPS have been advising clients on all aspects of competition law. Our expertise ranges from prosecuting competition infringements by competitors to proactively advising our clients with the aim of avoiding possible infringements of their own. Dispute avoidance is one of the important objectives of competition law practice at FPS.
If a legal dispute cannot be avoided, however, FPS also advises and represents in contentious proceedings and helps when seeking preliminary injunctions, filing protective letters and issuing warnings. In the area of unfair competition, we also frequently represent our clients against trade or consumer associations, chambers or guilds.
Specialisation
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Pharmaceutical advertising law
FPS has been advising medium-sized and larger pharmaceutical and medical device manufacturers on advertising issues for a number of years, assessing advertisements, websites, brochures, giveaways and other promotional material, for example, and addressing the associated issues of the admissibility or misleading nature of information featured in scientific statements, among other things, in the light of the Health Services and Products Advertising Act (HWG) and the Act Against Unfair Competition (UWG). In this field, FPS represents manufacturers in out-of-court processes involving competitors and competition associations and especially in disputes before the civil courts.
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IP litigation
Representing clients in infringement proceedings has always been a key area of expertise at FPS. For decades, notable rights holders have entrusted the judicial assertion of their rights to the experienced FPS lawyers. FPS is often involved in the investigation of infringement cases as well as the inspection and preservation of evidence in advance. We also support our clients in border seizure cases. Representation is provided in all areas of IP law before the relevant courts and agencies.
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Product piracy
Within the IP office at FPS, we have set up a dedicated task force focused on combating product piracy. The illegal reproduction and sale of branded goods causes significant revenue losses for brand manufacturers, damages the overall economy and puts jobs at risk.
Our FPS product piracy task force is proactive in taking action against pirated goods as well as parallel imports and works closely with the relevant authorities such as the public prosecutor’s office, customs forces and the police. We prepare arrests, recover any profits made through piracy and coordinate seizures. Our consulting services include general market observation, especially online, and targeted investigations into individual infringers. We seize counterfeit goods, conduct searches of infringing companies and secure evidence. In the litigation process, we assert claims for injunctive relief, information, damages and destruction.
