The Co-promotion and Co-marketing Partnering Terms and Agreements in Pharma, Biotech and Diagnostics report provides comprehensive understanding and unprecedented access to the co-promotion and co-marketing partnering agreements entered into by the worlds leading healthcare companies.

Revised and updated 10th edition, includes:

Trends in co-promotion and co-marketing deals
Co-promotion and co-marketing agreement structure
Co-promotion and co-marketing contract documents
Top co-promotion deals by value
Top co-marketing deals by value
Most active co-promotion dealmakers
Most active co-marketing dealmakers

This report provides details of the latest co-promotion and co-marketing agreements announced in the pharmaceutical, biotechnology and diagnostic sectors.

Fully revised and updated, the report provides details of co-promotion and co-marketing agreements from 2009 to end of May 2014.

The report provides a detailed understanding 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.

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 a comprehensive listing of all co-promotion and co-marketing deals announced since 2009 as recorded in the Current Agreements deals and alliances database, including financial terms where available, plus links to online copies of actual co-promotion and co-marketing contract documents as submitted to the Securities Exchange Commission by 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.

Report scope
Co-promotion and Co-marketing Partnering Terms and Agreements in Pharma, Biotech and Diagnostics report 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 Partnering Terms and Agreements in Pharma, Biotech and Diagnostics includes:

Trends in co-promotion and co-marketing dealmaking in the biopharma industry since 2009
Analysis of co-promotion and co-marketing deal structure
Case studies of real-life co-promotion and co-marketing deals
Access to over 800 co-promotion and co-marketing deal records
Detailed access to actual co-promotion contract documents
The leading co-promotion and co-marketing deals by value since 2009
Most active co-promotion and co-marketing dealmakers since 2009
The leading co-promotion and co-marketing partnering resources

In Co-promotion and Co-marketing Partnering Terms and Agreements in Pharma, Biotech and Diagnostics, the available contracts are listed by:

Company A-Z
Headline value
Stage of development at signing
Therapeutic area
Technology area

Each deal title links via Weblink to an online version of deal record as found in the Current Agreements deals and alliances database, providing easy access to each deal record on demand.

The Co-promotion and Co-marketing Partnering Terms and Agreements report provides comprehensive access to records for over 800 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 aresalesand 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

Table Of Contents

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 2009
2.4. Trends in co-marketing deals since 2009
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: Allergan - MAP Pharmaceuticals - January 2011
3.3.1.b. Case study 2: Genzyme - Veracyte - January 2012
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: Takeda Pharmaceutical- Orexigen Therapeutics- Sep 2010
3.4.1.b. Case study 4: Sanofi-Aventis - Merrimack Pharmaceuticals - Oct 2009
3.4.2. Example co-promotion right clauses
3.4.2.a. Case study 5: Takeda - Orexigen - September 2010
3.4.2.b. Case study 6: Merck - Ariad - July 2007
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: Astellas - Ambit Biosciences - December 2009

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: St Jude Medical -Cambridge Heart - July 2008
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: Lundbeck - Myriad Genetics - May 2008

Chapter 5 - Leading co-promotion deals

5.1. Introduction
5.2. Top co-promotion deals by value
5.3. Most active co-promotion dealmakers
5.4. Big pharma co-promotion deal activity
5.5. Big biotech co-promotion deal activity

Chapter 6 - Leading co-marketing deals

6.1. Introduction
6.2. Top co-marketing deals by value
6.3. Most active co-marketing dealmakers
6.4. Big pharma co-marketing deal activity

Chapter 7 - Big pharma co-promotion and co-marketing deals

7.1. Introduction
7.2. How to use co-promotion and co-marketing deals
7.3. Company co-promotion and co-marketing agreement listings

Abbott
Actavis
Allergan
Amgen
Astellas
AstraZeneca
Baxter International
Bayer
Biogen Idec
Boehringer Ingelheim
Bristol-Myers Squibb
Celgene
Daiichi Sankyo
Dainippon Sumitomo
Eisai
Eli Lilly
Endo Pharmaceuticals
Forest Laboratories
Galderma
Gilead Sciences
GlaxoSmithKline
Grifols
Hospira
Johnson and Johnson
Kyowa Hakko Kirin
Lundbeck
Menarini
Merck and Co
Merck KGaA
Mitsubishi Tanabe
Mylan
Novartis
Novo Nordisk
Otsuka
Pfizer
Purdue
Ranbaxy Laboratories
Roche
Sanofi
Servier
Shionogi
Shire
Takeda
Teva
UCB
Valeant
Warner Chilcott

Chapter 8 - Co-promotion agreement contracts directory 2009-2014

8.1. Introduction
8.2. Company A-Z
Abbott Japan
Abbott Laboratories
Abbvie
ACADIA Pharmaceuticals
Acceleron Pharma
Achillion Pharmaceuticals
Adolor
AEterna Zentaris
Agensys
Allergan
Ambit Biosciences
Amgen
Amylin Pharmaceuticals
Anesiva
Ariad Pharmaceuticals
Array Biopharma
Astellas Pharma
AstraZeneca
Athersys
AVEO Pharmaceuticals
Bayer
Biogen Idec
BioMarin Pharmaceutical
Biovail
Boehringer Ingelheim
Bristol-Myers Squibb
Cardiome Pharma
Celgene
ChemoCentryx
Cortex Pharmaceuticals
Critical Therapeutics
Cubist Pharmaceuticals
Cypress Bioscience
Cytokinetics
DepoMed
Dey Pharma
Dicerna Pharmaceuticals
DoctorDirectory
Dynavax Technologies
Eli Lilly
Enanta Pharmaceuticals
Exelixis
Facet Biotechnology
Forest Laboratories
Galderma
Genentech
Genzyme
Gilead Sciences
GlaxoSmithKline
GTx
Incyte
Inspire Pharmaceuticals
InterMune
Ipsen
Janssen Research and Development
KaloBios Pharmaceuticals
Kyowa Hakko Kirin
La Jolla Pharmaceutical
Macrogenics
MAP Pharmaceuticals
Medivation
Melinta Therapeutics
Merck and Co
Merck Sharpe and Dohme
Merrimack Pharmaceuticals
Metabasis Therapeutics
Micromet
MiddleBrook Pharmaceutical
Millennium
Novartis
Novo Nordisk
OncoGenex Pharmaceuticals
Optimer Pharmaceuticals
Orexigen Therapeutics
PDL BioPharma
Pfizer
PhotoMedex
Procter and Gamble
Purdue Pharma
Receptos
Regeneron Pharmaceuticals
Roche
Sagent Pharmaceuticals
Sanofi-Aventis
Sanofi-Pasteur
Sanofi
Seattle Genetics
Somaxon Pharmaceuticals
Spectrum Pharmaceuticals
Sucampo Pharmaceuticals
Synta Pharmaceuticals
Takeda Pharmaceutical
Targacept
Teva Pharmaceutical Industries
Tibotec
Transcept Pharmaceuticals
Valeant Pharmaceuticals
Veracyte
Vical
Warner Chilcott
Watson Pharmaceuticals
Xenoport
Zogenix
ZymoGenetics

8.3. By therapy area

Anaesthetics
Cardiovascular
Central Nervous System
Dermatology
Gastrointestinal
Genitourinary
Hematology
Hospital Care
Immunology
Infectives
Metabolic
Musculoskeletal
Oncology
Ophthalmics
Orphan disease
Psychiatry
Public health
Respiratory
8.4. By stage of development at signing

Discovery
Formulation
Marketed
Phase I
Phase II
Phase III
Preclinical
Regulatory

8.5. By technology area

Analysis
Antibiotics
Antibodies
Assays
Biological compounds
Blood products
Devices
Diagnostics
Discovery tools
Drug delivery
Enabling technology
Genomics
Oligonucleotide
Peptides
Personalised medicine
Processes
Proteomics
Radio/Chemo-therapy
Recombinant DNA
RNA therapeutics
Screening
Small molecules
Software tools
Stem cells
Vaccines

Chapter 9 - Co-marketing agreement contracts directory 2009-2014

9.1. Introduction
9.2. Company A-Z
Adolor
Alnylam Pharmaceuticals
AstraZeneca
Biocept
Biovail
Clarient
Columbia Laboratories
Cortex Pharmaceuticals
DoctorDirectory
Embryome Sciences
Galderma
GlaxoSmithKline
Ironwood Pharmaceuticals
Life Technologies Corporation
MiddleBrook Pharmaceutical
Millipore
NovaBay Pharmaceuticals
PharmaBio
Roche

9.3. By therapy area

Anaesthetics
Dermatology
Gastrointestinal
Hospital care
Infectives
Metabolic
Oncology
Orphan disease
Respiratory

9.4. By stage of development at signing

Discovery
Phase II
Phase III
Preclinical
Marketed

9.5. By technology type

Biological compounds
Cell culture
Clinical testing
Diagnostics
Discovery tools
Drug delivery
Enabling technology
Nanotechnology
Peptides
Research supplies
RNA therapeutics
Screening
Small molecules
Software tools

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TABLE OF FIGURES


Figure 1: Definition of co-promotion and co-marketing
Figure 2: Trends in co-promotion deal announcements, 2009-2014
Figure 3: Co-promotion deals signed at each phase of development, 2009-2014
Figure 4: Trends in co-marketing deal announcements, 2009-2014
Figure 5: Co-marketing deals signed at certain phases of development, 2009-2014
Figure 6: Situations where co-marketing can prove useful
Figure 7: Pure versus multi-component co-promotion deal announcements, 2009-2014
Figure 8: Stage of development at which pure and multi-component co-promotion deals are announced 2002-2014
Figure 9: Pure versus multi-component co-marketing deal announcements, 2009-2014
Figure 10: Stage of development at which pure and multi-component co-marketing deals are announced 2002-2014
Figure 11: Key components of a pure co-promotion deal
Figure 12: Key components of a multi-component co-promotion deal
Figure 13: Example deals where co-promotion options have been actively exercised, since 2000
Figure 14: Issues in implementing co-promotion agreements
Figure 15: Co-promotion agreements - what should a contract include?
Figure 16: Components of the co-promotion deal structure
Figure 17: Components of the co-marketing deal structure
Figure 18: Top co-promotion deals by value since 2009
Figure 19: Most active co-promotion dealmakers 2009-2014
Figure 20: Big pharma - top 50 - co-promotion deals 2009 to 2014
Figure 21: Big pharma co-promotion deal frequency - 2009 to 2014
Figure 22: Big biotech - top 50 - co-promotion deals 2009 to 2014
Figure 23: Big biotech co-promotion deal frequency - 2009 to 2014
Figure 24: Top co-marketing deals by value since 2009
Figure 25: Most active co-marketing dealmakers 2009-2014
Figure 26: Big pharma - top 50 - co-marketing deals since 2009
Figure 27: Big pharma co-marketing deal frequency - 2009 to 2014

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