Pharmaceutical, Chemical and Food

Lawyers specialising in Pharmaceutical, Chemical and Food Law

These sectors each have their own peculiarities, but at the same time they also have a lot in common and are all subject to numerous varied and specific regulations.

The fact that each of them is subject to its own highly technical, specialized and detailed regulations means that companies operating in these fields need thorough and rigorous legal advice in order to minimize risk and avoid breaches and possible sanctions. Additionally, the highly strategic and sensitive nature of these sectors means special attention must be paid when preventing against potential risks and liabilities arising out of the manufacture and sale of these products, since the negative financial costs and impact on the company’s image could be severe with respect to both customers and society in general.

A high level of specialization is key when dealing with legal issues in these sectors, as is a comprehensive and diverse knowledge of multiple crossover areas of the law in order to guarantee the right perspective. For this reason, in-depth knowledge from a business, civil law, tax, employment, environmental, competition and consumer defense viewpoint is as important as knowledge of the aforementioned rules and regulations. Thus, in order to satisfactorily deal with the questions that arise in these three sectors one must thoroughly understand the abundant, changing and dynamic regulations that govern them.

LUPICINIO INTERNATIONAL LAW FIRM has large teams of professionals of highly experienced lawyers who work with the domestic and multinational companies that operate in each of these sectors, as well as expert lawyers in public law and regulations.

This broad background gives our lawyers a unique ability to address the specific legal problems that arise in each of these sectors, thanks to their up-to-date and ongoing experience with the companies that work in these areas.

LUPICINIO always strives to provide companies in the pharmaceutical, food and chemical industries with wide-ranging and multidisciplinary yet specific advice, with a focus on quick, rigorous and complete answers to our clients’ questions.

LUPICINIO INTERNATIONAL LAW FIRM advises its clients in the pharmaceutical, chemical and food sectors in the following areas:

• Corporate transactions, purchase and sale of shares and assets, mergers and acquisitions, and comprehensive corporate advice.
• Manufacturing contracts, exclusive and non-exclusive distribution contracts, supply, agency and licensing, general contract conditions, franchising, pricing policies, discounts, storage, stock, assembly, etc.
• Labeling, marketing, draws and prize giveaways, advertising and consumer and user rights.
• Defective product liability and legal advice for product recalls.
• Lawsuits.
• Relationships with industry associations and bodies.
• Codes of conduct and ethical standards.
• Legislative compliance and data protection.
• Tax advice.
• Competition law.
• Advice on employment law, collective bargaining agreements, senior management contracts, redundancy and severance pay policies.
• Environmental and industrial security law.

Pharmaceutical

We give ongoing advice to our clients in the pharmaceutical industry regarding contracts with hospitals for clinical trials. From a legal perspective we evaluate pricing policies and discounts for products subject to public and open financing, addressing problems that may arise in wholesale and retail contracts thanks to article 90 of Law 29/2006. We advise on company participation in market studies, benchmarking and statistics development. We analyze the legal questions our clients ask us about IP law, including patent and trademark protection, licenses, know-how and R&D. We provide advice when our clients enter into dual promotion and co-marketing contracts with other companies. We advise and manage proceedings to grant authorizations and license as well as bio-tech contract issues. We also advise on urgent health and safety matters.

Chemical

We give comprehensive advice regarding the REACH legislation and the management of contamination alerts for damage to persons or objects and for environmental liability, including criminal liability in this area. We draw up and supervise all types of contracts that companies in this area enter into to carry out their activities. We undertake all types of corporate operations in this sector. We give preventative advice to ensure regulatory compliance and employee / management training thereon. We advise on all matters connected with the commercialization and transport of dangerous substances. We advise on the negotiation of gas and electricity supply contracts, as well as on the construction and operation of cogeneration plants.

Food

We advise on all issues related to regulations on food safety, quality and nutrition. We can urgently assist with the management of food alerts and product recalls. We advise and handle the putting of food products onto the market, giving notifications to the authorities, obtaining authorizations, registering in the correct registries and obtaining the correct food certificates. We provide preventative analysis and defend clients in sanctions proceedings for food mislabeling and other claims, including for functional foods. We advise on the implementation of promotional activities, prize draws, advertising and marketing of food products in general. We analyze and advise on payroll and staff negotiations, on negotiations with large companies, and on negotiations between manufacturers and distributors.