Felix Kesselring

Practice Areas

Felix Kesselring advises Swiss and international companies in regulated markets such as healthcare, pharma, medical devices and life sciences. He regularly represents his clients before administrative authorities, administrative criminal authorities and courts.

Head of the Industry Group Pharmaceuticals & Healthcare

Admitted to the Swiss Bar since 2009.

Career

Partner at Bratschi Ltd. (since 2020)

Counsel at CMS von Erlach Poncet Ltd. (2017-2019)

Seconded legal counsel for a Swiss-based multinational pharmaceutical company (2011)

Associate at VISCHER Ltd (2009-2017)

Professional Memberships

Swiss Association of Jurists (SJV)

Zurich Bar Association (ZAV)

Swiss Bar Association (SAV)

British-Swiss Chamber of Commerce (BSCC)

Languages Spoken

German

English

French

Experience

- Advising various pharmaceutical companies on negotiating and drafting pharmatypical contracts (research contracts, development contracts, contracts for clinical studies, contract manufacturing agreements, licensing agreements, distribution agreements, etc.)

- Advising various pharmaceutical companies on data protection

- Providing regulatory advice and procedural representation to various pharmaceutical companies in relation to operating authorisations (manufacturing, wholesale, import, export, trading abroad, brokerage and agency) and special authorisations

- Advising various pharmaceutical companies in selling their products to wholesalers and medical service providers, particularly in the area of monetary benefits (discounts, kickbacks, further and continued education contributions, sponsoring, etc.)

- Advising and representing various pharmaceutical companies in the area of advertising directed to professionals and the general public

- Advising and representing various pharmaceutical companies in appeal proceedings before the Federal Administrative Court and the Federal Supreme Court in relation to the inclusion of their medicinal products in the list of reimbursable products (Specialities List) and the periodic review of the listing conditions

- Advising a world-leading medical device manufacturer on all regulatory product issues

- Advising and supporting a medical device manufacturer on product recalls

- Advising various medical device companies in the area of advertising and monetary benefits (discounts, kickbacks, sponsoring, etc.)

- Advising and representing a medical device manufacturer in an administrative criminal proceeding in relation to clinical trials

- Advising a retailer in relation to the purchase of medical devices and the implementation of its medical devices compliance programme

- Advising a retailer and a major medical device manufacturer on political initiatives to amend laws and regulations

- Advising and representing medical service providers in administrative and administrative criminal proceedings in relation to, inter alia, reprocessing of medical devices and transplants and transplant products

- Advising various service providers in relation to stem cell therapies and therapies involving cell extracts

- Advising various service providers on data protection

- Numerous M&A transactions with service providers

- Advising and representing hospitals and clinics in relation to the allocation to cantonal hospital lists and to the inter-cantonal hospital list of highly-specialised medicine (HSM)

- Advising and representing hospitals and clinics in sovereign tariff setting procedures and the associated appeal procedures, particularly in the areas of SwissDRG and TARMED

- Advising several Swiss physicians in the area of professional law, particularly advertising, monetary benefits and authorisations

- Advising physicians and clinics on tariff and other social security related issues

- Advising and representing foreign physicians in relation to the recognition of foreign further education for a Swiss specialist title

- Providing comprehensive regulatory advice to the European market leader in the area of laboratory diagnostics, particularly with regard to tariff and other social security related issues

Personal

- Lecturer at the Swiss Federal Institute of Technology (ETHZ)

- Co-editor of the journal Life Science Recht (Stämpfli)

- Numerous scientific lectures and publications

Publications

- Zwischen Regelung und Rätsel: Entschlüsselung der Neuregelung der Einzelfallvergütung (Art. 71a ff. KVV und Art. 38b ff. KLV) - Presentation by Felix Kesselring in: 3. Berner Tagung zum Life Science Recht, Bern September 2024

- SWITZERLAND: An Introduction to Healthcare - Felix Kesselring in: Chambers and Partners, March 2024

- Aktuelle Rechtsprechung im Life-Science-Recht - Presentation by Felix Kesselring in: 2. Berner Tagung zum Life Science Recht, Bern June 2023

- Vertrauenswürdigkeit der fachtechnisch verantwortlichen Person - Felix Kesselring in: Life Science Recht 4/2023

- Bei der Berechnung der Rückerstattung der Mehreinnahmen sind die am besten geeigneten Daten beizuziehen - Felix Kesselring in: Life Science Recht 4/2023

- Neuste Rechtsprechung zum Arzneimittelwerberecht - Presentation by Felix Kesselring in: scienceindustries, December 2023, Zurich

Education

Awards