Walder Wyss


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Healthcare & Life Sciences

Court annuls FOPH order limiting medicinal product price increase
Switzerland | 04 December 2019

The Federal Administrative Court recently annulled a Federal Office of Public Health (FOPH) order that had limited the price increase of a medicinal product on the list of specialities to two years. The FOPH had permitted a temporary (ie, two-year) price increase of 20%; however, the Federal Administrative Court upheld the manufacturer's argument that such time limits may be imposed only for comprehensible and appropriate reasons, which the FOPH could not convincingly provide.

Federal Supreme Court upholds breast implant decision
Switzerland | 30 October 2019

The Federal Supreme Court recently dismissed an appeal against a Zurich Social Insurance Court decision concerning the replacement of an appellant's breast implant under compulsory health insurance. According to the Federal Supreme Court, a gynaecologist's reasoning that the appellant's pain was most likely caused by the implant was incomprehensible and therefore the Zurich Social Insurance Court's decision was not arbitrary.

Federal Council aims to combat human organ trafficking more effectively
Switzerland | 23 October 2019

The Federal Council recently submitted to Parliament a dispatch approving the Council of Europe Convention against Trafficking in Human Organs. The Federal Council supports the convention, which aims to harmonise criminal provisions internationally. In particular, the convention provides for the prosecution of all human organ trafficking, regardless of where it takes place.

New measures to combat rising costs in public healthcare sector
Switzerland | 09 October 2019

The Federal Council recently adopted new measures to combat rising costs in the public healthcare sector. With this first set of measures, the Federal Council intends to provide all stakeholders with the instruments needed to reduce costs and expects to save several hundred million Swiss francs annually.

Federal Council clarifies use of personal data in compulsory healthcare insurance
Switzerland | 02 October 2019

The Federal Council recently approved a draft of the Social Security and Health Commission of the Council of States in order to improve the legal basis for the transfer of data of insured persons. The Federal Council intends to collect personal data from insured persons while guaranteeing the protection of personal data and upholding the principle of proportionality.

Federal Supreme Court clarifies pricing rules for generics
Switzerland | 25 September 2019

The Federal Supreme Court recently clarified that although certain provisions of the Health Insurance Act and the Health Insurance Ordinance are based on patent protection (or expiration), the Health Insurance Ordinance sets out no pricing rules for generics if the original's exclusivity is only partially lost. Further, protected indications of a multi-indication pharmaceutical, of which some indications have lost exclusivity, cannot be exchanged by a generic.

Consultation on direct medical prescriptions for cannabis-based treatments
Switzerland | 18 September 2019

The Federal Council recently submitted a draft amendment to the Narcotics Act for consultation that aims to facilitate patients' access to cannabis-based treatments. The revised act would allow patients to obtain direct medical prescriptions for cannabis-based treatments with a tetrahydrocannabinol content of more than 1% without having to obtain an exceptional licence from the Federal Office of Public Health.

Fertility preservation and dementia prevention covered by compulsory healthcare insurance
Switzerland | 11 September 2019

​The Federal Department of Home Affairs recently decided that measures to preserve the fertility of people suffering from cancer will now be covered by compulsory health insurance. Under the new measures, if cancer patients run the risk that a planned treatment will lead to impaired ovarian or testicular function, sperm, egg cells or ovarian tissue can be frozen (so-called 'cryopreservation') and reused after therapy. Cerebrospinal fluid analyses for diagnosing dementia will also be covered.

Federal Council intends to improve access to psychotherapy
Switzerland | 04 September 2019

The Federal Council intends to improve access to psychotherapy, especially for children and adolescents, as well as adults in crisis situations. In order to facilitate such access and ensure adequate care, the Federal Council has proposed a change to the existing system which will allow, among other things, psychotherapists to provide their services independently within the compulsory healthcare insurance framework.

Popular initiative: 'Supporting organ donation – saving lives'
Switzerland | 28 August 2019

The popular initiative 'Supporting organ donation – saving lives' calls for the introduction of a narrow contradiction solution in order to substantially increase the number of organ donations. At present, the consent solution applies in Switzerland and organ donation is possible only if the deceased agreed during their lifetime to donate their organs. The new contradiction solution would allow organs to be removed from a deceased person if they did not oppose this during their lifetime.

Ownership of university inventions
Switzerland | 20 March 2013

In a recent decision on the ownership of inventions created with the involvement of universities, the new Federal Patent Court held that the university was not the (joint) owner of the patent, despite the fact that the professor participating in the invention had used the university's facilities for his contributions to the invention. The court held that there was no cantonal law conferring the rights of the professor to the university.

Harmonisation of health claims legislation with EU law
Switzerland | 23 January 2013

The Swiss Federal Council recently adopted a revision of health claims legislation in order to harmonise it with EU law. The revision is intended to prevent the creation of new barriers to trade and to provide consumers with the same information that is available in the European Union. The ban on health claims for slimming products has also been revoked.

Likelihood of confusion between trademarks for pharmaceutical products
Switzerland | 12 December 2012

In a series of recent cases the Opposition Board found a likelihood of confusion between trademarks for pharmaceutical products with phonetic similarities. In its decisions it took into account the fact that consumers usually purchase pharmaceutical products with a higher degree of attention.