The business development professional: an evolving breed
Sue Harris, Andersen Piquet
Third party deals are increasingly important in the overall strategies of pharmaceutical companies. This article reviews the impact this has had on business development departments and explores whether business development is an attractive career option within the industry.
The key to successful collaborations: rigorous and independent due diligence
Ian Rhodes, Gregory Berman, Neil Butt, Katia Smith-Litière and Craig Nelson, PA Global Technology Group
In a maturing bio-pharma market where collaboration between organisations is critical in taking products to market, a state-of-the-are due diligence process can reduce the possibility of failure. A strongly supported and robust process can help clarify objectiveness, define optimum deal structure, confirm choice of partner and provide a strategic plan to improve the probability of success. This article describes a pragmatic approach to making collaborations more successful by starting with a strong, clear and independent due diligence process, assisting organisations to make the right decisions.
Equity investments in licensing deals
Andrew Edge, Anthony Clare and Catherine Passmore, Ashurst
In the first issue of Business Developing & Licensing Journal we reviewed the legal implications of different licensing structures and key issues in their negotiation. This article looks at the options available for taking and equity stake in a technology partner; stock exchange and legal considerations for public companies; legal and shareholder considerations for private companies; and joint ventures – and some of the issues these arrangements can give rise to.
Co-marketing in Italy: a history of success
Sergio Re and Isabelle Bovi GSK Italy
Until recently co-marketing was the only form of collaboration allowed in Italy so for some years it has been the only type of alliance used by pharmaceutical companies. This article describes the rapid evolution of co-marketing and its success in promoting pharmaceutical products. It also considers whether the latest changes in legislation will allow co-promotion to evolve in the same way.
Co-ownership of intellectual property rights: a warning for the unwary
Richard Wallis and Richard Binns, Simmons & Simmons
Can the co-owners of a Mongolian patent, say, stop each other independently licensing that patent to each other’s competitors? What if it takes off in the EU? Or Japan? The rights each co-owner has to exploit or to stop each other or third parties exploiting their IP vary from country to country. Unless, that is, the co-owners have agreed their own set of rules. This article considers why joint ownership is rarely recommended, and, where it nevertheless make commercial sense, what issues the parties should consider.
How organisations negotiate: managing a love-hate relationship
Andrew Gottschalk, Group AG
We often find ourselves negotiating with both people and their organisations. Like it or not, organisations and their culture are part of our negotiation landscape. It appears that the modern organisation has taken on many of the characteristics of George Orwell’s ‘Big Brother’ – omnipresent and demanding obedience! Business development negotiators have to manage a love-hate relationship between the other negotiator and the respective organisations. This article analyses the impact of organisations and their culture on out negotiating behaviour.
Life-cycle management under scrutiny
Christopher Daniel Maier, Fischer & Megert
At a time when life-cycle management for pharmaceuticals comes under increasing scrutiny from third-party payors and the generic industry, it is a good idea to recall the reasons why legislators across the western world have granted particular treatment for intellectual property to the pharmaceutical industry. This article takes a broad look at the legislative trends in the USA, EU and Switzerland and identifies the most commonly voiced concerns.
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