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Dr. Thomas Guttau

Location:

Kiel

Secretary’s Office:

Ulrike Kopplow

Phone:

+49 431 97918-947

Fax:

+49 431 97918-38

Email:

thomas.guttau@bmz-recht.de

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Born in 1983, studied in Kiel, Marburg and Poitiers/France, traineeship in Kiel. Lawyer since 2013, certified lawyer for intellectual property law

Specialisation: intellectual property law (in particular trademark, design and competition law), food law, pharmaceutical and drug advertising law, legal matters relating to advertising and marketing, general civil and contract law.

Dr Guttau's practice focuses on intellectual property law, in particular competition and trademark law. He regularly handles trade mark and design applications at national, European and international level and manages numerous trade mark portfolios. In addition, he regularly conducts cease-and-desist and infringement proceedings as well as litigation for damages in intellectual property law.

Dr Guttau also has particular expertise in food law as well as pharmaceutical and drug advertising law. In these areas, he advises and represents small, small and medium-sized and large companies as well as individual entrepreneurs and start-ups, in particular on advertising measures and all regulatory issues such as labelling and health claims.

In commercial law matters, Dr Guttau focuses on advising on contract drafting and litigation.

Dr Guttau is a member of the admission committee for certified lawyers for intellectual property law of the Schleswig-Holstein and Mecklenburg-Western Pomerania Bar Associations and works as a lecturer for the Christian Albrechts University in Kiel. He is also a member of GRUR (German Association for the Protection of Intellectual Property and Copyright), active in the Marketing Club Schleswig-Holstein e.V. and the author of various publications on food and pharmaceutical law. Until 2023, he was also a member of the Scientific Advisory Board of the Research Centre for Food Law at the University of Marburg.

Publications

I. Monographs

Dietary law. Behr's Verlag, Hamburg 2015.
Non-physician healthcare professions in the healthcare system - necessity, admissibility and implementation of increased inclusion with special consideration of the Heilpraktikergesetz. Nomos, Baden-Baden 2013.

II Book contributions

HCVO - Regulation (EC) No. 1924/2006 on nutrition and health claims made on foods - Commentary. Edited by Holle/Hüttebräuker, C.H. Beck, Munich 2018. Commentary on Art. 15-17, 19, 22-27 and 29.

III Essays and judgement notes

Misleading information in the summary of product characteristics from a competition law perspective - The end of official decision-making authority for drug approvals? Comments on the judgement of the BGH of 07.05.2015, ref. I ZR 29/14 (Equipotency statement). Die Pharmazeutische Industrie (PharmInd) 2016, 1155 (together with Michael Weidner).
Five years of "Gelenknahrung II" - On the current status of the law on substances treated as additives. Journal for the entire food law (ZLR) 2015, 780-786.
Viva vital substances! - Comments on the concept of vital substances in case law and food advertising. Food & Law (LMuR) 2015, 149-151.
Opportunities and risks of the BELFRIT project. Die Pharmazeutische Industrie (PharmInd) 2014, 921 (together with Michael Weidner).
Legal matters relating to the labelling of food supplements under the FIR. Journal for the entire food law (ZLR) 2014, 371 ff.
A faithful companion - On the necessary connection between general health claims and specific health claims under the Claims Regulation. Journal for the entire food law (ZLR) 2013, 631 ff.
Is a pharmacist cheating the statutory health insurance funds if he does not pass on discounts? Pharma Recht (PharmR) 2010, 440-444 (together with Moritz Dietel).
Obligation to prescribe centrally authorised medicinal products. Pharma Recht (PharmR) 2009, 274-277 (together with Simone Winnands).
So that the "road to Europe" does not become a "long march" - On the submission of European law issues to the ECJ. Pharma Recht 2007, 453-455 (together with Simone Winnands).

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