Abstract
The Co-promotion and Co-marketing Agreements in Biopharma report provides comprehensive understanding and unprecedented access to the co-promotion and co-marketing partnering agreements entered into by the worlds leading biopharma companies. The report provides a detailed understand and analysis of how and why companies enter co-promotion and co-marketing deals. The majority of deals are multicomponent whereby the licensor retains either a right or option to co-promote/market the resultant product of the research collaboration. There are also numerous pure co-promotion/marketing deals whereby the products originator takes on a co-promotion/marketing partner in order to maximize a products presence in the marketplace. Understanding the flexibility of a prospective partner' s negotiated deals terms provides critical insight into the negotiation process in terms of what you can expect to achieve during the negotiation of terms. Whilst many smaller companies will be seeking details of the payments clauses, the devil is in the detail in terms of how payments are triggered - contract documents provide this insight where press releases and databases do not.
This report contains over 500 links to online copies of actual co-promotion and co-marketing contract documents as submitted to the Securities Exchange Commission by biopharma companies and their partners. Contract documents provide the answers to numerous questions about a prospective partner' s flexibility on a wide range of important issues, many of which will have a significant impact on each party' s ability to derive value from the deal. The initial chapters of this report provide an orientation of co-promotion and co-marketing dealmaking and business activities. Chapter 1 provides an introduction to the report, whilst chapter 2 provides an analysis of the trends in co-promotion and co-marketing as well as a discussion on the merits of each type of deal. Chapters 3 and 4 provide an overview of the structure of co-promotion and co-marketing deals, respectively. Each chapter includes numerous case studies to enable understanding of both pure co-promotion/marketing deals and multicomponent deals where co-promotion/marketing forms a part. Chapters 5 and 6 provide a review of the leading co-promotion and co-marketing deals since 2000, respectively. Deals are listed by headline value, signed by bigpharma, most active bigpharma, and most active of all biopharma companies. Where the deal has an agreement contract published at the SEC a link provides online access to the contract. Chapter 7 provides a comprehensive listing of the top 50 bigpharma companies with a brief summary followed by a comprehensive listing of co-promotion and co-marketing contract documents available in the public domain. Each deal title links via Weblink to an online version of the actual contract document, providing easy access to each contract document on demand. In addition, the contract document collection can be used offline and is available on CD-Rom. Chapters 8 and 9 provide a comprehensive listing of all co-promotion and co-marketing agreement contracts available in the public domain, respectively. Each chapter is organized by A-Z, stage of development at signing, and therapeutic area. Each deal title links via Weblink to an online version of the actual contract document, providing easy access to each contract document on demand. In addition, the contract document collection can be used offline and is available on CD-Rom.
Key benefits
Co-promotion and Co-marketing Agreements in Biopharma provides the reader with the following key benefits:
- In-depth understanding of co-promotion and co-marketing deal trends since 2000
- Analysis of the structure of co-promotion and co-marketing agreements with numerous real life case studies
- Comprehensive access to over 500 actual co-promotion and co-marketing contracts entered into by the world' s biopharma companies*
- Detailed access to actual co-promotion and co-marketing contracts enter into by the leading fifty bigpharma companies*
- Insight into the terms included in a co-promotion and co-marketing agreement, together with real world clause examples
- Understand the key deal terms companies have agreed in previous deals
- Undertake due diligence to assess suitability of your proposed deal terms for partner companies
Report scope
Co-promotion and Co-marketing Agreements in Biopharma is intended to provide the reader with an in-depth understanding of the co-promotion and co-marketing trends and structure of deals entered into by leading biopharma companies worldwide.
Co-promotion and Co-marketing Agreements in Biopharma includes:
- Trends in co-promotion and co-marketing dealmaking in the biopharma industry since 2000
- Analysis of co-promotion and co-marketing deal structure
- Case studies of real-life co-promotion and co-marketing deals
- Access to over 500 co-promotion and co-marketing contract documents
- The leading co-promotion and co-marketing deals by value since 2000
- Most active co-promotion and co-marketing dealmakers since 2000
- The leading co-promotion and co-marketing partnering resources
In Co-promotion and Co-marketing Agreements in Biopharma, the available contracts are listed by:
- A-Z
- Headline value
- Stage of development at signing
- Therapeutic area
Each deal title links via Weblink to an online version of the actual contract document, providing easy access to each contract document on demand. In addition, the contract document collection can be used offline and is available on CD-Rom.
The Co-promotion and Co-marketing Agreements in Biopharma report provides comprehensive access to available contract documents for over 500 co-promotion and co-marketing deals.
Analyzing actual contract agreements allows assessment of the following:
- What are the precise co-promotion and co-marketing rights granted or optioned?
- What is actually granted by the agreement to the partner company?
- What exclusivity is granted?
- What is the payment structure for the deal?
- How are sales and payments audited?
- What is the deal term?
- How are the key terms of the agreement defined?
- How are IPRs handled and owned?
- Who is responsible for commercialization?
- Who is responsible for development, supply, and manufacture?
- How is confidentiality and publication managed?
- How are disputes to be resolved?
- Under what conditions can the deal be terminated?
- What happens when there is a change of ownership?
- What sublicensing and subcontracting provisions have been agreed?
- Which boilerplate clauses does the company insist upon?
- Which boilerplate clauses appear to differ from partner to partner or deal type to deal type?
- Which jurisdiction does the company insist upon for agreement law?
Number of pages:
The report is comprised of 350 pages.
Table of Contents
Executive Summary
Chapter 1 - Introduction
Chapter 2 - Trends in co-promotion and co-marketing dealmaking
- 2.1. Introduction
- 2.2. Difference between co-promotion and co-marketing deals
- 2.3. Trends in co-promotion deals since 2000
- 2.4. Trends in co-marketing deals since 2000
- 2.4.1. When co-marketing can be useful
- 2.4.2. When co-marketing is the only option
- 2.5. Pure deals and multi-component deals
- 2.5.1. Attributes of pure co-promotion deals
- 2.5.2. Attributes of co-promotion in multi-component deals
- 2.6. Reasons for including co-promotion options in a deal
- 2.7. Uptake of co-promotion rights
- 2.8. Co-promotion rights as bargaining chips
- 2.9. Aligning partners to make the co-promote work
- 2.10 The future of co-promotion as part of multicomponent deals
Chapter 3 - Overview of co-promotion deal structure
- 3.1. Introduction
- 3.2. Pure versus multi-component co-promotion deals
- 3.3. Pure co-promotion agreement structure
- 3.3.1. Example co-promotion agreements
- 3.3.1.a. Case study 1: GlaxoSmithKline - Allergan - September 2005
- 3.3.1.b. Case study 2: Cardinal Health - Bone Care - July 2004
- 3.3.1. Example co-promotion agreements
- 3.4. Co-promotion rights as part of a wider alliance agreement
- 3.4.1. Example co-promotion option clauses
- 3.4.1.a. Case study 3: Novartis - Anadys - June 2005
- 3.4.1.b. Case study 4: AstraZeneca - Dynavax - September 2006
- 3.4.2. Example co-promotion right clauses
- 3.4.2.a. Case study 5: Gilead - Achillion - November 2004
- 3.4.2.b. Case study 6: Merck - Ariad - July 2007
- 3.4.1. Example co-promotion option clauses
- 3.5. Embedded co-promotion rights enabling third party engagement
- 3.5.1. Example co-promotion clauses enabling third party engagement
- 3.5.1.a. Case study 7: UCB - ImClone - August 2005
- 3.5.1. Example co-promotion clauses enabling third party engagement
Chapter 4 - Overview of co-marketing deal structure
- 4.1. Introduction
- 4.2. Co-marketing agreement structure
- 4.2.1. Example co-marketing agreements
- 4.2.1.a. Case study 8: Helix Biomedix - Body Blue Inc - November 2004
- 4.2.1. Example co-marketing agreements
- 4.3. Co-marketing rights as part of a wider alliance agreement
- 4.3.1. Example co-marketing right clauses
- 4.3.1.a. Case study 9: Alcon - NovaCal - September 2006
- 4.3.1. Example co-marketing right clauses
Chapter 5 - Leading co-promotion deals
- 5.1. Introduction
- 5.2. Top co-promotion deals by value
- 5.3. Top pure co-promotion deals
- 5.4. Top co-promotion deals signed by bigpharma
- 5.5. Most active co-promotion dealmakers
- 5.6. Bigpharma co-promotion deal activity
Chapter 6 - Leading co-marketing deals
- 6.1. Introduction
- 6.2. Top co-marketing deals by value
- 6.3. Top pure co-marketing deals
- 6.4. Top co-marketing deals signed by bigpharma
- 6.5. Most active co-marketing dealmakers
- 6.6. Bigpharma co-marketing deal activity
Chapter 7 - Bigpharma co-promotion and co-marketing agreements
- 7.1. Introduction
- 7.2. How to use co-promotion and co-marketing agreements
- 7.3. Company co-promotion and co-marketing agreement listings
- Abbott
- Actavis
- Akzo Nobel (Organon)
- Allergan
- Altana
- Amgen
- Astellas
- AstraZeneca
- Baxter International
- Bayer
- Bayer Schering Pharma AG
- Biogen Idec
- Boehringer Ingelheim
- Bristol-Myers Squibb
- Cephalon
- Chugai
- CSL
- Dainippon Sumitomo
- Eisai
- Eli Lilly
- Forest Laboratories
- Genentech
- Genzyme
- Gilead Sciences
- GlaxoSmithKline
- Johnson & Johnson
- King
- Lundbeck
- Menarini
- Merck & Co
- Merck - Serono KGaA
- Mitsubishi
- Novartis AG
- Novo Nordisk
- Nycomed Pharma
- Otsuka
- Pfizer
- Procter & Gamble
- Roche
- Sanofi-Aventis
- Schering Plough
- Serono
- Shionogi Seiyaku
- Shire
- Solvay
- Takeda
- Tanabe Seiyaku
- TAP Pharmaceuticals
- Teva
- UCB
- Watson
- Wyeth
Chapter 8 - Co-promotion agreement directory 2003-7
- 8.1. Introduction
- 8.2. Company A-Z
- 8.3. By therapy area
- Accident/Hospital/Trauma
- Blood/Lymphatic System
- Cardiovascular
- Central nervous System
- Dermatology
- Gastrointestinal
- Genitourinary
- Autoimmune/Inflammatory
- Infection
- Metabolism
- Musculoskeletal
- Oncology
- Respiratory
- Sensory Organ / Oral Health
- Drug Delivery
- 8.4. By stage of development at signing
- Discovery
- Preclinical
- Phase I
- Phase II
- Phase III
- Registration
- Market
Chapter 9 - Co-marketing agreement directory 2003-7
- 9.1. Introduction
- 9.2. Company A-Z
- 9.3. By therapy area
- Accident/Hospital/Trauma
- Blood/Lymphatic System
- Cardiovascular
- Central nervous System
- Dermatology
- Gastrointestinal
- Genitourinary
- Genetic
- Autoimmune/Inflammatory
- Infection
- Metabolism
- Musculoskeletal
- Oncology
- Respiratory
- Sensory Organ / Oral Health
- 9.4. By stage of development at signing
- Discovery
- Preclinical
- Phase I
- Phase II
- Phase III
- Registration
- Market
Appendices
- Appendix 1 - Co-promotion/co-marketing references
- Appendix 2 - Resources
- Appendix 3 - Deal type definitions
- Appendix 4 - Example co-promotion contract document
- Appendix 5 - Example co-marketing contract document
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Figures in report
- Figure 1: Definition of co-promotion and co-marketing
- Figure 2: Trends in co-promotion deal announcements, 2000-2007
- Figure 3: Co-promotion deals signed at what phase of development, 2000-2007
- Figure 4: Trends in co-marketing deal announcements, 2000-2007
- Figure 5: Co-marketing deals signed at what phase of development, 2000-2007
- Figure 6: Situations where co-marketing can prove useful
- Figure 7: Pure versus multi-component co-promotion deal announcements, 2000-2007
- Figure 8: Stage of development at which pure and multi-component co-promotion deals are announced 2000-2007
- Figure 9: Pure versus multi-component co-marketing deal announcements, 2000-2007
- Figure 10: Stage of development at which pure and multi-component co-marketing deals are announced 2000-2007
- Figure 11: Example deals where co-promotion options have been actively exercised, since 2000
- Figure 12: Issues in implementing co-promotion agreements
- Figure 13: Components of the co-promotion deal structure
- Figure 14: Components of the co-marketing deal structure
- Figure 15: Top 50 co-promotion deals by value since 2000
- Figure 16: Top pure co-promotion deals by value since 2000
- Figure 17: Top 50 co-promotion deals signed by bigpharma value since 2000
- Figure 18: Most active co-promotion dealmakers 2006-7
- Figure 19: Bigpharma - top 50 - co-promotion deals since 2003
- Figure 20: Top co-marketing deals by value since 2000
- Figure 21: Top pure co-marketing deals by value since 2000
- Figure 22: Most active co-marketing dealmakers 2003-7
- Figure 23: Bigpharma - top 50 - co-marketing deals since 2003
- Figure 24: Online partnering resources
- Figure 25: Deal type definitions
- Figure 26: Co-promotion agreement between Bayer and Zymogenetics, June 2007
- Figure 27: Co-marketing agreement between Schering-Plough and Ligand, January 2003
