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

The Welcome to the updated and revised ‘Co-promotion and Co-marketing Partnering Terms and Agreements in Pharma, Biotech & 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 2007 to end of September 2013.

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 2007 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.

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,

technologyand 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 report’ 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 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 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
  • Detailed access to actual 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
  • 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 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 type to deal type?
  • Which jurisdiction does the company insist upon for agreement law?

Table of Contents

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
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