Frankfurt/Potsdam—Global law firm Dentons represented Bayer Healthcare under civil and criminal law in connection with the complex “Pillendienst” case. The defendants in this procedure, among them Matthias M., considered to be one of the founders of the “Pillendienst”, were accused of criminal trademark infringement, criminal offences under the Medicinal Products Act and conspiracy to defraud. Dentons Partner Dr. Constantin Rehaag represented Bayer Healthcare as the joint plaintiff in the criminal proceeding and is also leading the civil proceedings. The defendants in the criminal trial have been sentenced to one year and two months up to six years and three month’s imprisonment.

From 2008 until 2011 “Pillendienst” sold counterfeit medicines via the internet by means of sophisticated advertisement methods. The main products sold included potency and slimming pills and the defendants achieved a turnover of between €21 and €30 million. The drugs were produced in Asia and distribution channels ran across Eastern Europe to Germany. The dispatch was by ordinary mail and the customers paid by credit card or bank transfer. On the whole, about 600 people were part of this process, including web designers, programmers or web developers.

The Dentons team led by Dr. Constantin Rehaag represented Bayer Healthcare throughout both the civil and criminal proceedings. Together with other companies of the Bayer group, Bayer Healthcare strongly fights counterfeiting and piracy and pursues a Zero Tolerance strategy. For trusting consumers the illegal internet trade with counterfeit medicine is a severe danger, especially because the drugs do not have any effect; and in the worst case they can even damage health.

Advisor Bayer HealthCare AG

Dentons (Frankfurt): Dr. Constantin Rehaag, M.A. (Partner, lead, Intellectual Property), Karoline Heidkamp (Associate, Intellectual Property)

Bayer Health Care: RA Marina Bloch

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