Dr Tobias Maier

Tobias Maier

Lawyer biography

Tobias is a Partner in our IP and Commercial practice in Munich and specialises both in contentious and non-contentious aspects of IP law, brand protection, reputation management and media-related work. Furthermore, he is the co-head of the international Health and Life Sciences sector group.

He regularly advises on advertising, trademarks, copyright issues, media rights, anti-counterfeiting, online disputes, defamation and trade secrets.

Tobias' contentious practice includes IP litigation with a focus on preliminary injunction proceedings and the protection and enforcement of the client's IP rights. His non-contentious intellectual property work includes advising clients on all kinds of contracts relating to the creation and exploitation of IP (including technology transfer, licensing, R&D, manufacturing and collaboration agreements). Tobias also handles the IP aspects of all types of major corporate transactions. Tobias is further responsible for the development of strategies for international trade mark portfolios as well as the management and enforcement of national and international trade mark rights before various authorities and regular courts.

He advises national and international companies in the pharmaceutical sector on all aspects of life sciences and pharmaceutical law. Tobias routinely handles clinical trials, licensing, clinical research and CRO agreements for clients from the pharma and life sciences sector. Further, he focuses on regulatory issues and healthcare compliance.

Tobias studied law at the University of Augsburg. During his legal clerkship he worked, inter alia, for the German Society for International Cooperation (Deutsche Gesellschaft für Internationale Zusammenarbeit, GIZ) in the bilateral Sino-German "Legal Advisory Service" in Beijing, People's Republic of China. Thereafter, Tobias wrote a Ph.D. on Chinese unfair competition law at the Max Planck Institute for Intellectual Property and Competition Law in Munich. Prior to joining Eversheds Sutherland Tobias worked with a major US law firm in Munich.


Updates

Healthcare & Life Sciences

European Union recommends measures to be taken for use of technology and data to combat COVID-19
European Union | 23 December 2020

In April 2020 the European Commission issued Recommendation 2020/518 on establishing a common EU toolbox for the use of technology and data to combat the COVID-19 crisis, particularly with regard to mobile apps and the use of anonymised mobility data. The recommendation sets out a process to develop a common approach – a so-called 'toolbox' – in the European Union using the most innovative digital means to address the health crisis.

European Union issues communication on COVID-19 vaccination strategy
European Union | 09 December 2020

According to the European Commission, the swift development and global deployment of safe and effective vaccines against COVID-19 is key to resolving the current public health crisis. In this context, the European Commission is working to ensure Europe-wide access to safe vaccines and encouraging a coordinated vaccination strategy. Thus, in June 2020 the European Union published a communication on the EU Strategy for COVID-19 vaccines, which sets out a number of strategic objectives.

Short-term health preparedness for COVID-19 outbreaks
European Union | 25 November 2020

The European Union recently published a communication on the European Union's short-term health preparedness for COVID-19 outbreaks, which aims to reinforce the European Union's preparedness and create a coordinated response capacity to counter further outbreaks of COVID-19. This article highlights the main measures provided by the communication, including with regard to testing, contact tracing and medical countermeasures.

Latest EU measures relating to COVID-19 pandemic – multicentre clinical trials
European Union | 11 November 2020

Since COVID-19 began to spread, the majority of the world's leading pharmaceutical laboratories have begun clinical trials to find both the right vaccine and the right drug to stop it from spreading. Against this background, EU Regulation 2020/1043 aims to grant a temporary derogation from the requirements concerning a prior environmental risk assessment for the duration of the COVID-19 pandemic or as long as there is a public health emergency.

Intellectual property in clinical trials
European Union | 12 August 2020

Clinical trial results may qualify for protection as IP rights and, as such, for commercialisation in the European Union. In order for clinical trial results to be commercialised, they must be protected by the parties involved (eg, sponsors, institutions, investigators or contract research organisations). Clinical trial results may also be protected in the European Union using supplementary protection certificates, regulatory data exclusivity, orphan market exclusivity or paediatric-use marketing authorisation.

Conducting clinical trials during COVID-19 crisis: FAQs
European Union | 20 May 2020

COVID-19 is having a significant impact on clinical trials due to its affects on EU healthcare systems, including limited or no patient contact, restricted access to trial sites and investigational medicinal product shortages. The pandemic is not only compromising effective patient treatment, it will also significantly affect ongoing and planned clinical trials, which are crucial for developing medicines and vaccines. Sponsors and investigators must therefore adapt their management of clinical trials.

EU postpones MDR due to COVID-19: losses and opportunities for medical device sector
European Union | 22 April 2020

In light of the COVID-19 pandemic's impact on medical device industry players (eg, manufacturers, notified bodies, suppliers, production sites and research institutions), on 25 March 2020 the European Commission announced that it intends to postpone the application date for the EU Medical Device Regulation (MDR) from May 2020 to May 2021. The European Council agreed to the MDR postponement on 7 April 2020 and the European Parliament followed suit on 17 April 2020.

COVID-19: impact on medical device industry in European Union
European Union | 15 April 2020

The COVID-19 pandemic is having a significant impact on the medical device industry in the European Union. For instance, scientists and engineers who have been working on the new EU Medical Device Regulation framework for several years are now switching to COVID-19-related research. The pandemic has also significantly increased the demand for protective equipment such as face shields, protective mouth and nose masks, protective clothing and gloves.

Intellectual Property

Intellectual property in clinical trials
European Union | 17 August 2020

Clinical trial results may qualify for protection as IP rights and, as such, for commercialisation in the European Union. In order for clinical trial results to be commercialised, they must be protected by the parties involved (eg, sponsors, institutions, investigators or contract research organisations). Clinical trial results may also be protected in the European Union using supplementary protection certificates, regulatory data exclusivity, orphan market exclusivity or paediatric-use marketing authorisation.

Tech, Data, Telecoms & Media

European Union recommends measures to be taken for use of technology and data to combat COVID-19
European Union | 18 December 2020

In April 2020 the European Commission issued Recommendation 2020/518 on establishing a common EU toolbox for the use of technology and data to combat the COVID-19 crisis, particularly with regard to mobile apps and the use of anonymised mobility data. The recommendation sets out a process to develop a common approach – a so-called 'toolbox' – in the European Union using the most innovative digital means to address the health crisis.