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





 

Publication Date: November 2013 | Version: 9 | Pages: 1432 

 

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 9th 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 end of Sep 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 850 partnering deal announcements with 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 where available.
 
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 850 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 850 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 850 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

 

 


 

 

 

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. 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

Bayer

Biogen Idec

Boehringer Ingelheim

Bristol-Myers Squibb

Celgene

Daiichi Sankyo

Dainippon Sumitomo

Eisai

Eli Lilly

Endo Pharmaceuticals

Forest Laboratories

Forest Laboratories Ireland

Forest Pharmaceuticals

Galderma

Gilead Sciences

GlaxoSmithKline

Grifols

Hospira

Johnson & Johnson

Kyowa Hakko Kirin

Lundbeck

Menarini

Merck & Co

Merck KGaA

Merck Serono

Mitsubishi Tanabe

Mylan

Novartis

Novartis Consumer Health

Novartis Vaccines

Novartis Vaccines

Novo Nordisk

Otsuka

Pfizer

Wyeth

Purdue

Ranbaxy Laboratories

Roche

Roche Applied Science

Roche Diagnostics

Roche NimbleGen

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

Abbott Japan

Abbott Laboratories

Abraxis BioScience

ACADIA Pharmaceuticals

Acceleron Pharma

Achillion Pharmaceuticals

Adnexus Therapeutics

Adolor

AEterna Zentaris

Affymax

Agensys

Alfacell

Allergan

Ambit Biosciences

Amgen

Amylin Pharmaceuticals

Anacor Pharmaceuticals

Anesiva

Archemix

Ariad Pharmaceuticals

ArQule

Array Biopharma

ARYx Therapeutics

Astellas Pharma

AstraZeneca

Athersys

Atley Pharmaceuticals

Auriga Laboratories

Aventis

AVEO Pharmaceuticals

Barrier Therapeutics

Bayer

Biogen Idec

BioMarin Pharmaceuticals

BioMerieux

Biovail

Boehringer Ingelheim

Bristol-Myers Squibb

Cardiome Pharma

Celgene

Cell Genesys

Cepheid

ChemoCentryx

Cornerstone Biopharma

Cortex Pharmaceuticals

Critical Therapeutics

Cubist Pharmaceuticals

CV Therapeutics

Cypress Bioscience

Cytokinetics

Daiichi Sankyo

DepoMed

Dey Pharma

DoctorDirectory

DOR BioPharma

Dyax

Dynavax Technologies

Eisai

Eli Lilly

Enanta Pharmaceuticals

Endo Pharmaceuticals

Exelixis

Facet Biotechnology

Forest Laboratories

Forest Pharmaceuticals

Galderma

Genentech

Genzyme

Gilead Sciences

GlaxoSmithKline

GTx

Hyperion Therapeutics

ImmunoGen

Immunomedics

Impax Laboratories

Incyte

Inspire Pharmaceuticals

InterMune

InVentiv Health

Ipsen

Ironwood Pharmaceuticals

Janssen Research & Development

KaloBios Pharmaceuticals

La Jolla Pharmaceutical

Macrogenics

MAP Pharmaceuticals

Maxygen

Medivation

Menarini

Merck and Co

Merck KGaA

Merck Sharpe & Dohme

Merrimack Pharmaceuticals

Metabasis Therapeutics

Micromet

MiddleBrook Pharmaceutical

Millennium

Mylan Laboratories

Nektar Therapeutics

Novartis

Novartis Consumer Health

Novo Nordisk

Nycomed

OncoGenex Pharmaceuticals

Optimer Pharmaceuticals

Orexigen Therapeutics

Ortho Biotech

Par Pharmaceutical

PDL BioPharma

Pfizer

PhotoMedex

Procter & Gamble

Procter & Gamble Pharmaceuticals

Purdue Pharma

Regeneron Pharmaceuticals

Rib-X Pharmaceuticals

Roche

Sagent Pharmaceuticals

Salix Pharmaceuticals

Sanofi-Aventis

Sanofi-Pasteur

Sanofi

Santarus

Schering-Plough

Seattle Genetics

Serono

Sigma-Tau

Solvay

Somaxon Pharmaceuticals

Spectrum Pharmaceuticals

Strativa Pharmaceuticals

Sucampo Pharmaceuticals

Synta Pharmaceuticals

Takeda Pharmaceutical

TAP Pharmaceutical

Targacept

Tercica

Teva Pharmaceuticals

Tibotec

Transcept Pharmaceuticals

Ucyclyd Pharma

Valeant Pharmaceuticals

Veracyte

Vernalis

Vical

Victory Pharma

Warner Chilcott

Watson Pharmaceuticals

Wyeth

Xenoport

Zogenix

ZymoGenetics

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

Preclinical

Regulatory

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

Personalised medicine

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

Adolor

Alnylam Pharmaceuticals

Biovail

Cambridge Heart

Columbia Laboratories

Cortex Pharmaceuticals

DoctorDirectory

Eisai

Embryome Sciences

Galderma

GlaxoSmithKline

Hitachi Chemical

Lundbeck

Merck and Co

MiddleBrook Pharmaceutical

Millipore

Myriad Genetics

NovaBay Pharmaceuticals

PharmaBio

Procter & Gamble Pharmaceuticals

Response Genetics

Roche

Salix Pharmaceuticals

Sanofi-Aventis

Senetek

St Jude Medical

SurModics

Triax Aesthetics

Warner Chilcott

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

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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 19: Most active co-promotion dealmakers 2007-2013

Figure 20: Bigpharma – top 50 – co-promotion deals 2007 to 2013

Figure 21: Bigpharma co-promotion deal frequency - 2007 to 2013

Figure 22: Big biotech – top 50 – co-promotion deals 2007 to 2013

Figure 23: Big biotech co-promotion deal frequency - 2007 to 2013

Figure 24: Top co-marketing deals by value since 2007

Figure 25: Most active co-marketing dealmakers 2007-2013

Figure 26: Big pharma – top 50 – co-marketing deals since 2007

Figure 27: Big pharma 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