Co-promotion and Co-marketing Partnering Terms and Agreements in Pharma, Biotech and Diagnostics

• Publication date: June 2013
• Report size: 802 pages

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 8th edition, includes: Trends in co-promotion and co-marketing deals Co-promotion and co-marketing agreement structure...

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 8th 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 2007 to mid 2013.

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.

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 750 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 2007, 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 via the Current Agreements deals and alliances database.

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 deals available in the public domain. Where available, each deal title links via Current Agreements deals and alliances database to an online version of the actual contract document, providing easy access to each contract document on demand.

Chapters 8 and 9 provide a comprehensive and detailed review of co-promotion and co-marketing deals signed and announced since 2007. 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.

The report also includes numerous table and figures that illustrate the trends and activities in co-promotion and co-marketing dealmaking since 2007.

In conclusion, this report provides everything a prospective dealmaker needs to know about co-promotion and co-marketing as an opportunity to participate in the commercialization of either candidate compounds in development or products already on the market.

In addition, a comprehensive appendix is provided organized by co promotion and co marketing partnering company A-Z , stage of development, therapeutic target, technology type and deal type definitions. Each deal title links via Weblink to an online version of the deal record and where available, the contract document, providing easy access to each contract document on demand.

In conclusion, this report provides everything a prospective dealmaker needs to know about partnering in the research, development and commercialization of antibody technologies and products.

Key benefits

Co-promotion and Co-marketing Partnering Terms and Agreements in Pharma, Biotech and Diagnostics provides the reader with the following key benefits:

In-depth understanding of co-promotion and co-marketing deal trends since 2007
Analysis of the structure of co-promotion and co-marketing agreements with numerous real life case studies
Comprehensive access to over 750 actual co-promotion and co-marketing deals entered into by the world’s biopharma companies
Detailed access to actual co-promotion and co-marketing contracts entered 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 Partnering Terms and Agreements in Pharma, Biotech and Diagnostics 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 2007
Analysis of co-promotion and co-marketing deal structure Case studies of real-life co-promotion and co-marketing deals
Access to over 750 co-promotion and co-marketing deal records
The leading co-promotion and co-marketing deals by value since 2007
Most active co-promotion and co-marketing dealmakers since 2007
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 in Pharma, Biotech and Diagnostics report provides comprehensive access to available deal records for over 750 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

Marketing Industry

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 2007
2.4. Trends in co-marketing deals since 2007
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: Wyeth – Impax Laboratories – July 2008
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: GlaxoSmithKline – Dynavax Technologies – Dec 2008
3.4.1.b. Case study 4: Astellas – Maxygen – September 2008
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. 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 co-marketing deals signed by bigpharma
6.4. Most active co-marketing dealmakers
6.5. Bigpharma co-marketing deal activity

Chapter 7 – Bigpharma 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 Inc (formerly Watson Pharmaceuticals)
Actavis (merged with Watson Pharmaceuticals Oct 2012)
Actelion
Allergan
Amgen
Astellas
AstraZeneca
Bayer
Bayer Healthcare
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 & Johnson
Kyowa Hakko Kirin
Lundbeck
Menarini
Merck & Co
Merck KGaA
Merck Serono
Mitsubishi Tanabe
Mylan
Novartis
Novo Nordisk
Otsuka
Pfizer
Pfizer Japan
Purdue
Roche
Sanofi
Servier
Shionogi
Shire
Takeda
Teva
UCB
Valeant
Warner Chilcott

Chapter 8 – Co-promotion agreement directory 2007-2013

8.1. Introduction
8.2. Company A-Z
8.3. By therapy area
Anaesthetics
Cardiovascular
Central Nervous System
Dental
Dermatology
Gastrointestinal
Genetic disorders
Genitourinary
Hematology
Hospital care
Immunology
Infectives
Metabolic
Musculoskeletal
Oncology
Ophthalmics
Pediatrics
Respiratory
8.4. By stage of development at signing
Discovery
Formulation
Marketed
Phase I
Phase II
Phase III
Regulatory
Preclinical
8.5. By technology area
Analysis
Antibiotics
Antibodies
Assays
Biological compounds
Biomarkers
Blood products
Cell therapy
Devices
Diagnostics
Discovery tools
Drug delivery
Enabling technology
Equipment
Gene therapy
Genomics
Oligonucleotide
Peptides
Processes
Proteomics
Radio/Chemo-therapy
Recombinant DNA
RNA therapeutics
Screening
Small molecules
Software tools
Stem cells
Vaccines

Chapter 9 – Co-marketing agreement directory 2007-2013

9.1. Introduction
9.2. Company A-Z
9.3. By therapy area
Cardiovascular
Central Nervous System
Dermatology
Infectives
Metabolic
Oncology
Ophthalmics
Respiratory
9.4. By stage of development at signing
Discovery
Marketed
Phase II
Phase III
Preclinical
9.5. By technology type
Biological compounds
Cell culture
Clinical testing
Devices
Diagnostics
Discovery tools
Drug delivery
Enabling technology
Equipment
Facilities
Genomics
Nanotechnology
Natural product
Orphan drug
Peptides
Research supplies
RNA therapeutics
Screening
Small molecules
Software tools
About Wildwood Ventures
Current Partnering
Current Agreements
Recent report titles from CurrentPartnering
Order Form – Reports


TABLE OF FIGURES

Figure 1: Definition of co-promotion and co-marketing
Figure 2: Trends in co-promotion deal announcements, 2007-2013
Figure 3: Co-promotion deals signed at each phase of development, 2007-2013
Figure 4: Trends in co-marketing deal announcements, 2007-2013
Figure 5: Co-marketing deals signed at what phase of development, 2007-2013
Figure 6: Situations where co-marketing can prove useful
Figure 7: Pure versus multi-component co-promotion deal announcements, 2007-2013
Figure 8: Stage of development at which pure and multi-component co-promotion deals are announced 2000-2013
Figure 9: Pure versus multi-component co-marketing deal announcements, 2007-2013
Figure 10: Stage of development at which pure and multi-component co-marketing deals are announced 2000-2013
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 2007
Figure 20: Most active co-promotion dealmakers 2007-2013
Figure 21: Bigpharma – top 50 – co-promotion deals 2007 to 2013
Figure 22: Bigpharma co-promotion deal frequency - 2007 to 2013
Figure 23: Top co-marketing deals by value since 2007
Figure 24: Top co-marketing deals involving bigpharma by value since 2007
Figure 24: Most active co-marketing dealmakers 2007-2013
Figure 26: Bigpharma – top 50 – co-marketing deals since 2007
Figure 27: Bigpharma co-marketing deal frequency - 2007 to 2013

Appendices

Appendix A1: Co promotion dealmaking- by companies A-Z
Appendix A2: Co promotion dealmaking- by stage of development
Appendix A3: Co promotion dealmaking- by therapeutic target
Appendix A4: Co promotion dealmaking- by technology type
Appendix B1: Co marketing dealmaking- by companies A-Z
Appendix B2: Co marketing dealmaking- by stage of development
Appendix B3: Co marketing dealmaking- by therapeutic target
Appendix B4: Co marketing dealmaking- by technology type