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





 

Publication Date: July 2014 | Version: 10 | Pages: 1042 

  

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 

 

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 & Johnson

Kyowa Hakko Kirin

Lundbeck

Menarini

Merck & 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 & Development

KaloBios Pharmaceuticals

Kyowa Hakko Kirin

La Jolla Pharmaceutical

Macrogenics

MAP Pharmaceuticals

Medivation

Melinta Therapeutics

Merck and Co

Merck Sharpe & Dohme

Merrimack Pharmaceuticals

Metabasis Therapeutics

Micromet

MiddleBrook Pharmaceutical

Millennium

Novartis

Novo Nordisk

OncoGenex Pharmaceuticals

Optimer Pharmaceuticals

Orexigen Therapeutics

PDL BioPharma

Pfizer

PhotoMedex

Procter & 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

 

About Wildwood Ventures

Current Partnering

Current Agreements

Recent report titles from Current Partnering

Order Form – Reports

 

 

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