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

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 2009 to end of May 2014.

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.

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 2009
  • Analysis of the structure of co-promotion and co-marketing agreements with numerous real life case studies
  • Comprehensive access to over 800 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 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 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

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
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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
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