Co-promotion and Co-marketing Partnering Terms & Agreements


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

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 tearly 2012.

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 tco-promote/market the resultant product of the research collaboration. There are alsnumerous pure co-promotion/marketing deals whereby the products originator takes on a co-promotion/marketing partner in order tmaximize a products presence in the marketplace.

Understanding the flexibility of a prospective partner’s negotiated deals terms provides critical insight intthe negotiation process in terms of what you can expect tachieve 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 dnot.

This report contains a comprehensive listing of all co-promotion and co-marketing deals announced since 2007 as recorded in the Current Agreements deals and alliances database, including financial terms where available, plus links tonline copies of actual co-promotion and co-marketing contract documents as submitted tthe Securities Exchange Commission by companies and their partners.

Contract documents provide the answers tnumerous 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 tderive 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 tthe 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 tenable 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 tthe 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 tan online version of the actual contract document, providing easy access teach 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 tan online version of the actual contract document, providing easy access teach contract document on demand.

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 tover 1,000 actual co-promotion and co-marketing deals entered intby the world’s biopharma companies
  • Detailed access tactual co-promotion and co-marketing contracts entered intby the leading fifty bigpharma companies
  • Insight intthe 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 tassess 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 tprovide the reader with an in-depth understanding of the co-promotion and co-marketing trends and structure of deals entered intby 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 tover 1,000 co-promotion and co-marketing deal records
  • Detailed access tactual co-promotion contract documents
  • 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

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

The report alsincludes 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 tknow about co-promotion and co-marketing as an opportunity tparticipate in the commercialization of either candidate compounds in development or products already on the market.

therapeutic area. Each deal title links via Weblink tan online version of the actual contract document, providing easy access teach contract document on demand.
The report alsincludes 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 tknow about co-promotion and co-marketing as an opportunity tparticipate in the commercialization of either candidate compounds in development or products already on the market.

The Co-promotion and Co-marketing Partnering Terms and Agreements in Pharma, Biotech and Diagnostics report provides comprehensive access trecords for over 1,000 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 tthe 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?
  • Whis responsible for commercialization?
  • Whis responsible for development, supply, and manufacture?
  • How is confidentiality and publication managed?
  • How are disputes tbe 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 tdiffer from partner tpartner or deal type tdeal 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 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: GlaxoSmithKline – Allergan – September 2005
3.3.1.b. Case study 2: Cardinal Health – Bone Care – July 2004
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
3.5. 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

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
4.3. 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

Chapter 5 – Leading co-promotion deals
5.1. Introduction
5.2. Top co-promotion deals by value
5.3. Top co-promotion deals signed by bigpharma
5.4. Most active co-promotion dealmakers
5.5. 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
Alcon Labs
Allergan
Amgen
Apotex
Astellas
AstraZeneca
Baxter International
Bayer
Biogen Idec
Boehringer Ingelheim
Bristol-Myers Squibb
Celgene
Cephalon
Chugai
CSL
Daiichi Sankyo
Dainnipon Sumitomo
Eisai
Eli Lilly
Forest Laboratories
Genzyme
Gilead Sciences
GlaxoSmithKline
Hospira
Johnson & Johnson
Kyowa Hakko Kirin
Lundbeck
Menarini
Merck & Co
Merck KGaA
Mitsubishi-Tanabe
Mylan
Novartis
Novo Nordisk
Nycomed
Otsuka
Pfizer
Roche
Servier
Shionogi
Shire
StadaTakeda
Teva
UCB
Warner Chilcott
Watson

Chapter 8 – Co-promotion agreement directory 2007-2012
8.1. Introduction
8.2. Company A-Z
8.3. By therapy area
Anaesthetics
Cardiovascular
Central Nervous System
Cosmetics
Dental
Dermatology
Gastrointestinal
Genetic disorders
Genitourinary
Hematology
Hormonal
Hospital care
Immunology
Infectives
Inflammatory
Metabolic
Musculoskeletal
Oncology
Ophthalmics
Psychiatry
Public health
Respiratory
Drug Delivery
Diagnostic
8.4. By stage of development at signing
Discovery
Preclinical
Phase I
Phase II
Phase III
Registration
Market
Formulation

Chapter 9 – Co-marketing agreement directory 2007-2012
9.1. Introduction
9.2. Company A-Z
9.3. By therapy area
Anesthesia
Cardiovascular
Central Nervous System
Dental
Dermatology
Gastrointestinal
Genitourinary
Hematology
Hospital care
Immunology
Infectives
Inflammatory
Metabolic
Musculoskeletal
Oncology
Ophthalmics
Psychiatry
Public health
Respiratory
Drug delivery
Diagnostics
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
About Wildwood Ventures
Current Partnering
Current Agreements
Recent report titles from CurrentPartnering
Order Form – Reports

Figure 1: Definition of co-promotion and co-marketing
Figure 2: Trends in co-promotion deal announcements, 2007-2012
Figure 3: Co-promotion deals signed at each phase of development, 2007-2012
Figure 4: Trends in co-marketing deal announcements, 2007-2012
Figure 5: Co-marketing deals signed at what phase of development, 2007-2012
Figure 6: Situations where co-marketing can prove useful
Figure 7: Pure versus multi-component co-promotion deal announcements, 2000-2012
Figure 8: Stage of development at which pure and multi-component co-promotion deals are announced 2000-2011
Figure 9: Pure versus multi-component co-marketing deal announcements, 2000-2012
Figure 10: Stage of development at which pure and multi-component co-marketing deals are announced 2000-2011
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: Top co-promotion deals signed by bigpharma value since 2000
Figure 20: Most active co-promotion dealmakers 2005-2011
Figure 21: Bigpharma – top 50 – co-promotion deals 2007 to 2012
Figure 22: Bigpharma co-promotion deal frequency - 2007 to 2012
Figure 23: Top co-marketing deals by value since 2000
Figure 24: Top co-marketing deals involving bigpharma by value since 2000
Figure 25: Most active co-marketing dealmakers 2005-2011
Figure 26: Bigpharma – top 50 – co-marketing deals since 2007
Figure 27: Bigpharma co-marketing deal frequency - 2007 to 2012
Figure 28: Online partnering resources
Figure 29: Deal type definitions
Figure 30: Co-promotion agreement between Allergan and MAP Pharmaceuticals, January 2011