Lawyer Dr. Thomas Utzerath
born 1977 in Altenkirchen; attorney since 2005
Education:
University of Marburg 1997–1999, University of Bonn 1999–2002 (Referendarexamen 2002), Legal clerkship at the Regional Court of Düsseldorf (Assessorexamen 2005), Doctorate 2006
Publications:
- Co-author of the WiKo Commentary on Medical Device Law (commentary on Article 7 MDR)
- Legal Classification of the Market Exclusivity Right (Note on the Higher Regional Court of Munich, Judgment of Feb. 1, 2024, Case No. 6 U 3303/23e)
- Disease-related advertising for food supplements (Note on OLG Munich, judgment of 15 December 2022, case no. 29 U 386/21, GRUR-Prax 22/2023, 695)
- Relevant product market for complementary feed (Note on OLG Schleswig, judgment of 03/08/2023, case no. 6 U 64/22, GRUR-Prax 21/2023, 656)
- Inadmissibility of Enforcement (Note on LG Stuttgart, Judgment of June 28, 2022, File no. 17 O 49/22, GRUR-Prax 16-17/2002, 492)
- L-theanine in beverages is a novel food (Note on OLG Hamburg, preliminary order of 22 November 2021, case no. 3 U 46/21, GRUR-Prax 9/2002, 267)
- Commentary on OVG Schleswig-Holstein, order of 23 September 2021 – 3 MB 22/21 “Breach of sterilisation regulations”, MPR 2022, 66–75
-
Federal Court of Justice on advertising for doctor’s visits via app – Video consultations face challenges, LTO, October 6, 2021
-
Note on KG Berlin, order of March 25, 2021 – 5 W 1135/20 “Determining the core scope of the act prohibited by a competition-law injunction”, MPR 2021, 189–194
-
Commentary on the Judgment of the Frankfurt am Main Regional Court of 2020-07-01, 3-08 O 118/19 “Placing a cough syrup on the market as a medical device”, MPR 2021, 36-39
- The MDR Is Coming – What Changes for Medical Device Advertising?, MPR 2020, 1 ff.
- BGH on Amazon – Retailers are not liable for misleading customer reviews, LTO 20 February 2020
- BGH on Supplementary Benefits for Price-Controlled Medicines – End of Bread Roll Vouchers, LTO June 6, 2019
- Permissibility of dispensing and recommending dietary supplements and dietetic products in medical practices under professional conduct and unfair competition law aspects, MedR 2018, 392 ff.
- Federal Court of Justice on food advertising – Beer may not be advertised as “wholesome”, LTO May 17, 2018
- Information obligations of the medical device manufacturer – requirements for labelling and instructions for use under the MDR, Medizinprodukte Journal 4/2017, pp. 293 et seq.
- Advertising on the occasion of a death, BestattungsWelt 05/2017, p. 18
- No minimum price applies to pharmaceutical wholesalers, LTO – Legal News, October 6, 2017
- Advertising for medicinal products with ‘effective’ effect impermissible, GRUR-Prax 17/2017, p. 413
- BVerwG, Extension of Marketing Authorization for Homeopathic Medicinal Product with Commentary by Dr. Thomas Utzerath, Arzneimittel & Recht, Issue 2/2017, p. 75 ff.
- Medical device advertising: Is the intended purpose decisive?, DeviceMed, 2017-01-30
- ECJ on the principle of mutual trust – Competence remains competence, LTO – Legal News, November 23, 2012
- The Seller’s Liability for Defective and Missing Assembly and Operating Instructions, Marburg 2006 (Dissertation)
