Morten Merx
Attorney at Law (Germany) – Partner
Morten Merx provides comprehensive advice to pharmaceutical and medical technology companies on industry-specific issues (regulatory requirements and contracts, regulatory authority measures, marketing authorization, market access/SGB V, distribution, advertising, compliance and qualification of borderline products). He also represents food companies in labeling and unfair competition disputes. He has extensive experience in civil, administrative and social court proceedings (including representation before supervisory authorities, interim relief and ECJ preliminary ruling proceedings).
Morten Merx studied in Berlin and Göttingen and has been a lawyer since 2002. He is a founding partner of the law firm MERX PÜTZ Rechtsanwälte. Previously, he was a founding partner of the law firm AMPERSAND and a partner of the major international law firm Taylor Wessing. Morten Merx took his first steps as a lawyer at Lovells (now Hogan Lovells) and Kaltwasser Rechtsanwälte. He was seconded several times to the legal departments of leading pharmaceutical companies.
Current Awards
Awarded Healthcare Advisory Expert of the Year in Germany – 2024 by Corporate INTL Global Awards
Recommended by Handelsblatt, Germany’s Best Lawyers 2023 in the field of healthcare law
Awarded Healthcare Advisory Expert of the Year in Germany – 2023 by The Lawyer Network
»The lawyer’s duty is not only to listen to the client, but to take up his case, explore the paths of entrepreneurship, examine and bundle the options, point out the pitfalls and paths and ultimately make a clear recommendation that illuminates the client’s path like a beacon.«
ChatGPT, 2023 AD.
Publications and Presentations (selection)
- Affiliate link – violation of court prohibition of a top position claim
Review by Morten Merx on the decision of the Berlin Court of Appeal (KG) of 09.02.2022 – 5 W 158/21, GRUR-Prax 2022, 559 - Regulatory framework for drug approval
Lecture by Morten Merx at the C.H. Beck Summer Course on Pharmaceutical Law 2022 - Regulatory framework for drug approval
Lecture by Morten Merx at the C.H. Beck Summer Course on Pharmaceutical Law 2021 - Regulatory framework for drug approval
Lecture by Morten Merx at the summer course Pharmaceutical Law of the publishing house C.H. Beck 2020 - Regulatory framework for drug approval
Lecture by Morten Merx at the C.H. Beck Summer Course on Pharmaceutical Law 2019 - Regulatory framework for drug approval
Lecture by Morten Merx at the C.H. Beck Summer Course on Pharmaceutical Law 2018 - European Court of Justice (ECJ): Uniform pharmacy selling price contrary to EU law
Review by Morten Merx on the judgment of the European Court of Justice (ECJ) of 19.10.2016 – C-148/15, GRUR-Prax 2016, 516 - Additional medicinal product label “kardio”
Review by Morten Merx on the decision of the Higher Regional Court of Hamburg dated 08.04.2014 – 3 W 22/14, GRUR-Prax 2015, 24 - Federal Court of Justice (BGH): “Praebiotik+Probiotik” is a health claim
Review by Morten Merx on the judgment of the Federal Court of Justice (BGH) of February 26, 2014 – I ZR 178/12, GRUR-Prax 2014, 190 2014 – I ZR 178/12, GRUR-Prax 2014, 190 - Cologne Higher Regional Court: “PANDAS” from Haribo do not imitate “TAPPSY” from Katjes unfairly
Review by Morten Merx on the judgment of the Cologne Higher Regional Court of 26.07.2013 – 6 U 28/13, GRUR-Prax 2013, 476 - Munich Higher Regional Court: 1 EURO prescription bonus is contrary to professional standards
Review by Morten Merx on the judgment of the Higher Regional Court of Munich of 17.05.2013 – LBG-Ap 1/12, GRUR-Prax 2013, 395 - Hamburg Higher Regional Court: Health claim for the entire product can be misleading if the claim is only permitted for one component
Review by Morten Merx on the judgment of the Hamburg Higher Regional Court of 13.09.2012 – 3 U 107/11, GRUR-Prax 2012, 245 - Pharmaceutical term “pharmacological effect” clarified
Review by Morten Merx on the judgment of 06.09.2012 – C-308/11 – Chemische Fabrik Kreussler & Co - Pharmaceutical term “pharmacological effect” clarified
Review by Morten Merx on the judgment of 06.09.2012 – C-308/11 – Chemische Fabrik Kreussler & Co. - Munich Higher Regional Court: Detachable advertising attached to the packaging of a over the counter medicinal product is permitted
Review by Morten Merx on the judgment of 05.05.2011 – 6 U 3795/10, GRUR-Prax 2012, 45 - Frankfurt Higher Regional Court: ECJ shall provide a definition of the term “pharmacological effect”
Review by Morten Merx on the judgment of the OLG Frankfurt a. M. of 15.06.2011 – 6 U 109/07, GRUR-Prax 2011, 408 - Advertising with market research studies on customer satisfaction
Presentation at the 7th Augsburg Forum for Medical Device Law 2011 - European Court of Justice (ECJ): Pharmaceutical advertising may supplement, but not distort, the SmPC
Review by Morten Merx on the judgment of 05.05.2011 – C-249/09, GRUR-Prax 2011, 245 - Regulatory data protection, patent protection for medical indications and aut-idem
Lecture at the 13th Marburg Discussions on Pharmaceutical Law 2010 - Rebate agreements according to § 130a para. 8 SGB V – transparency through information?
Arzneimittel & Recht 2007, 195 ff.
