Co-promotion and Co-marketing Agreements in Pharma, Biotech and Diagnostics, 4th Edition


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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 to the co-promotion and co-marketing partnering agreements entered into by 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 2003 to early 2010.

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 over 600 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 2000, 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.

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 documents available in the public domain. Each deal title links via Weblink 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 listing of all co-promotion and co-marketing agreement contracts available in the public domain, respectively. 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.

Additional Information

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 comarketing 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 2000
  • Analysis of co-promotion and co-marketing deal structure
  • Case studies of real-life co-promotion and co-marketing deals
  • Access to over 700 co-promotion and co-marketing contract documents
  • The leading co-promotion and co-marketing deals by value since 2000
  • Most active co-promotion and co-marketing dealmakers since 2000
  • 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 to an online version of the actual contract document, providing easy access to each contract document on demand.

The Co-promotion and Co-marketing Partnering Terms and Agreements in Pharma, Biotech and Diagnostics report provides comprehensive access to available contract documents for over 700 copromotion 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 type to deal type?
  • Which jurisdiction does the company insist upon for agreement law?
Table of Content

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 2000
2.4. Trends in co-marketing deals since 2000
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 pure co-promotion deals
5.4. Top co-promotion deals signed by bigpharma
5.5. Most active co-promotion dealmakers
5.6. 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 pure co-marketing deals
6.4. Top co-marketing deals signed by bigpharma
6.5. Most active co-marketing dealmakers
6.6. Bigpharma co-marketing deal activity

Chapter 7 - Bigpharma co-promotion and co-marketing agreements
7.1. Introduction
7.2. How to use co-promotion and co-marketing agreements
7.3. Company co-promotion and co-marketing agreement listings
Abbott
Actavis
Alcon Labs
Allergan
Amgen
Astellas
AstraZeneca
Baxter
Bayer
Biogen Idec
Boehringer Ingelheim
Bristol-Myers Squibb
Cephalon
Chugai
CSL
Daiichi Sankyo
Dainnipon Sumitomo
Eisai
Eli Lilly
Forest Laboratories
Genentech
Genzyme
Gilead Sciences
GlaxoSmithKline
Hospira
Johnson & Johnson
Lundbeck
Menarini
Merck & Co
Merck Serono
Mitsubishi-Tanabe
Mylan
Novartis
Novo Nordisk
Nycomed Pharma
Otsuka
Pfizer
Procter & Gamble
Ratiopharm
Roche
Sanofi-Aventis
Schering Plough
Servier
Shire
Solvay
Takeda
Teva
UCB
Watson
Wyeth

Chapter 8 - Co-promotion agreement directory 2003-2010
8.1. Introduction
8.2. Company A-Z
8.3. By therapy area
Accident/Hospital/Trauma
Blood/Lymphatic System
Cardiovascular
Central nervous System
Dermatology
Gastrointestinal
Genitourinary
Autoimmune/Inflammatory
Infection
Metabolism
Musculoskeletal
Oncology
Respiratory
Sensory Organ / Oral Health
Drug Delivery
8.4. By stage of development at signing
Discovery
Preclinical
Phase I
Phase II
Phase III
Registration
Market

Chapter 9 - Co-marketing agreement directory 2003-2010
9.1. Introduction
9.2. Company A-Z
9.3. By therapy area
Accident/Hospital/Trauma
Blood/Lymphatic System
Cardiovascular
Central nervous System
Dermatology
Gastrointestinal
Genitourinary
Genetic
Autoimmune/Inflammatory
Infection
Metabolism
Musculoskeletal
Oncology
Respiratory
Sensory Organ / Oral Health
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

Appendix 5 - Example co-marketing contract document
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Figure 1: Definition of co-promotion and co-marketing
Figure 2: Trends in co-promotion deal announcements, 2000-2009
Figure 3: Co-promotion deals signed at what phase of development, 2000-2009
Figure 4: Trends in co-marketing deal announcements, 2000-2009
Figure 5: Co-marketing deals signed at what phase of development, 2000-2009
Figure 6: Situations where co-marketing can prove useful
Figure 7: Pure versus multi-component co-promotion deal announcements, 2000-2009
Figure 8: Stage of development at which pure and multi-component co-promotion deals are announced
2000-2009
Figure 9: Pure versus multi-component co-marketing deal announcements, 2000-2009
Figure 10: Stage of development at which pure and multi-component co-marketing deals are announced
2000-2009
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 50 co-promotion deals by value since 2000
Figure 19: Top pure co-promotion deals by value since 2000
Figure 20: Top 50 co-promotion deals signed by bigpharma value since 2000
Figure 21: Most active co-promotion dealmakers 2003-2009
Figure 22: Bigpharma - top 50 - co-promotion deals 2003 to 2009
Figure 23: Top co-marketing deals by value since 2000
Figure 24: Top pure co-marketing deals by value since 2000
Figure 25: Top co-marketing deals involving bigpharma by value since 2000
Figure 26: Most active co-marketing dealmakers 2003-2009
Figure 27: Bigpharma - top 50 - co-marketing deals since 2003
Figure 28: Online partnering resources
Figure 29: Deal type definitions
Figure 30: Co-promotion agreement between Bayer and Zymogenetics, June 2007
Figure 31: Co-marketing agreement between Schering-Plough and Ligand, January 2003