Frank Scherrer
Office:
Dufourstrasse 56
PO Box
8034
City:
Zurich
State:
Zurich
Country:
Switzerland
Tel:
+41 58 958 58 58
Fax:
+41 58 958 59 59

Questions and Answers:

Who's Who Legal Thought Leaders - Switzerland

Frank Scherrer joined Wenger & Vieli in 1999 where he became a partner in 2005. He obtained his doctorate from the University of Zurich in 1996 for a thesis on Swiss and European merger control procedure. From 1993 to 1996 he worked at the Europa Institut Zurich and as an assistant at the law faculty. He gained an LLM from Exeter University (UK) and studied law in Neuchâtel. Frank Scherrer speaks German, English and French. He specialises in pharmaceutical and health law and heads the life sciences practice group of Wenger & Vieli.

WHY DID YOU DECIDE TO SPECIALISE IN THE LIFE SCIENCES SECTOR?

The life sciences sector is very dynamic and there are many interesting and varied legal questions. Also, I was able to acquire specialised knowledge when working in the law firm of my father, Dr Josef Scherrer. 

WHAT HAS BEEN THE MOST MEMORABLE CASE YOU HAVE WORKED ON OVER THE COURSE OF YOUR CAREER?

This was an appeal proceeding regarding the reimbursement of a medicinal product that took a surprising turn in the first instance of appeal and was successful at the end. Due to the arguments of the first instance of appeal it got some media attention. 

TO WHAT EXTENT HAVE ADVANCES IN TECHNOLOGY CHANGED THE WAY YOUR CLIENTS INTERACT WITH PATIENTS, AND HOW HAS THIS IMPACTED YOUR PRACTICE? 

New technologies, and their rapid development and spread, offer many new possibilities for the information and the treatment of patients. Examples are web applications and apps that allow patients to transfer certain health data online to their doctors, who can then rely on objective data. An impact on my practice is that questions related to digital technologies and content, on matters such as data protection and social media, are more important. Another development is more precisely targeted treatments that require a gene test before application.

HOW HAS AN INCREASED EMPHASIS ON COMPLIANCE AFFECTED THE PHARMACEUTICAL INDUSTRY IN RECENT YEARS?  

The forms of cooperation between the pharmaceutical industry and hospitals/doctors have become more standardised. The effort required for compliance purposes (eg, in the transparency of financial benefits) has considerably increased. 

WHAT ARE THE MAIN CHALLENGES ASSOCIATED WITH ADVISING CLIENTS IN SUCH A HEAVILY REGULATED SECTOR? 

An important challenge is to consider, on the one hand, the sector-specific regulations; and on the other, not to lose sight of more generally applicable legal rules. Another challenge is keeping up to date with the practice of the competent authorities. 

HOW DO YOU EXPECT AMENDMENTS TO THE THERAPEUTIC PRODUCTS ACT TO IMPACT THE MARKET IN SWITZERLAND? 

An effect of the amendments to the Therapeutic Products Act that will come into effect in 2019 and 2020 will be that indications for children become more important, due to the additional data and patent protection granted. Research and innovation for medicinal products with known active substances will grow, due to the possibility of obtaining data protection for innovations within such products. Furthermore, new forms of cooperation between, firstly, pharmaceutical companies and healthcare practitioners/healthcare organisations, and secondly, healthcare practitioners/healthcare organisations and health insurance companies, will arise. 

HOW DO YOU EXPECT THE FIELD TO DEVELOP OVER THE NEXT FIVE YEARS? 

Treatments will become more targeted – and, thus, they will not be any less expensive, with a consequence of narrowly defined and differentiated conditions for reimbursement of costs. Treatments will often be dependent on the use of diagnostic devices or linked to the use of digital devices. This will create improved treatment options, and on the other hand make the legal assessment more complex. 

WHAT KEY SKILLS SHOULD YOUNGER LAWYERS LOOK TO DEVELOP IN ORDER TO BE SUCCESSFUL IN THE LIFE SCIENCES INDUSTRY?

Younger lawyers interested in working for the life sciences industry should be fluent in English and look to develop skills to understand non-legal scientific texts. They should furthermore be analytical in asking the right questions. 

Biographies:

Who's Who Legal Switzerland - Life Sciences

Frank Scherrer's practice focuses on the area of pharmaceutical and health law. He regularly advises and represents pharmaceutical companies in matters concerning marketing authorisation, establishment licences, health insurance reimbursement, advertising, distribution, the drafting of agreements of all types, data protection and product liability. He represents his clients in contract negotiations as well as in administrative and court proceedings. He also advises clients in the field of medical devices, cosmetics and functional food. Other areas of Frank Scherrer's expertise include cartel and unfair competition law, employment law and general corporate and contract law.

Frank Scherrer joined Wenger & Vieli in 1999 where he became a partner in 2005. He obtained his doctorate from the University of Zurich in 1996 for a thesis on Swiss and European merger control procedure. From 1993 to 1996 he worked at the Europa Institut Zurich and as an assistant at the law faculty. He gained an LLM from Exeter University (UK) and studied law in Neuchâtel.

Frank Scherrer speaks German, English and French.

Publications by Frank Scherrer include PLC's annual Multi-Jurisdictional Guide to Life Sciences (2005-2017); and Law Business Research's Getting the Deal Through – Life Sciences (2010-2017) and The Product Regulation and Liability Review (2016). Other publications include "Das europäische und das schweizerische Fusionskontrollverfahren" (thesis, Zurich, 1996); "Fusionskontrolle nach revidiertem Kartellgesetz - erste Fälle und offene Fragen", in AJP (November 1997); "Die schweizerische Fusionskontrolle - bisherige Anläufe und Ansatz zum Sprung", in Schriftenreihe des Europa Instituts Zürich (vol 11); and "Aktuelle Fragen zum Wirtschaftsrecht - Zur Emeritierung von Walter R Schluep" (Zurich, 1996).

WWL says: Frank Scherrer is “an excellent lawyer” and a “life sciences specialist” who is “very knowledgeable on regulatory matters” according to commentators.

This biography is an extract from Who's Who Legal: Switzerland which can be purchased from our Shop.

Who's Who Legal Switzerland - Product Liability Defence

Frank Scherrer's practice focuses on the area of pharmaceutical and health law. He regularly advises and represents pharmaceutical companies in matters concerning marketing authorisation, establishment licences, health insurance reimbursement, advertising, distribution, the drafting of agreements of all types, data protection and product liability. He represents his clients in contract negotiations as well as in administrative and court proceedings. He also advises clients in the field of medical devices, cosmetics and functional food. Other areas of Frank Scherrer's expertise include cartel and unfair competition law, employment law and general corporate and contract law.

Frank Scherrer joined Wenger & Vieli in 1999 where he became a partner in 2005. He obtained his doctorate from the University of Zurich in 1996 for a thesis on Swiss and European merger control procedure. From 1993 to 1996 he worked at the Europa Institut Zurich and as an assistant at the law faculty. He gained an LLM from Exeter University (UK) and studied law in Neuchâtel.

Frank Scherrer speaks German, English and French.

Publications by Frank Scherrer include PLC's annual Multi-Jurisdictional Guide to Life Sciences (2005-2017); and Law Business Research's Getting the Deal Through – Life Sciences (2010-2017) and The Product Regulation and Liability Review (2016). Other publications include "Das europäische und das schweizerische Fusionskontrollverfahren" (thesis, Zurich, 1996); "Fusionskontrolle nach revidiertem Kartellgesetz - erste Fälle und offene Fragen", in AJP (November 1997); "Die schweizerische Fusionskontrolle - bisherige Anläufe und Ansatz zum Sprung", in Schriftenreihe des Europa Instituts Zürich (vol 11); and "Aktuelle Fragen zum Wirtschaftsrecht - Zur Emeritierung von Walter R Schluep" (Zurich, 1996).

WWL says: Frank Scherrer is a well-recognised name in the international life sciences market who is well versed in product liability, market authorisation, licensing and distribution matters.

This biography is an extract from Who's Who Legal: Switzerland which can be purchased from our Shop.

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