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Distribution Partnering Terms and Agreements

Published By :

Current Partnering

Published Date : Jun 2013

Category :

Biotechnology

No. of Pages : 286 Pages


The Distribution Partnering Terms and Agreements report provides comprehensive understanding and unprecedented access to the distribution partnering agreements entered into by the worlds leading biopharma companies.
 
The report provides a detailed understand and analysis of how and why companies enter distribution deals.
 
The majority of deals are multicomponent whereby the licensor offers a right to distribute the resultant product of the research collaboration. There are also numerous pure distribution deals whereby the products originator takes on a distribution 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 distribution 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 distribution 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 distribution dealmaking and business activities. 

Chapter 1 provides an introduction to the report, whilst 

Chapter 2 provides an analysis of the trends in distribution as well as a discussion on the merits of the type of deal.
                                                                
Chapter 3 provides an overview of the structure of distribution deals. The chapter includes numerous case studies to enable understanding of both pure distribution deals and multicomponent deals where distribution forms a part.
                       
Chapter 4 provides a review of the leading distribution deals since 2009. Deals are listed by headline value, signed by bigpharma and biobiotech, most active bigpharma and bigbiotech, 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 5 provides a comprehensive listing of the top 50 bigpharma companies with a brief summary followed by a comprehensive listing of distribution 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.
 
Chapter 6 provides a comprehensive listing of the top big biotech companies with a brief summary followed by a comprehensive listing of distribution 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.
 
Chapter 7 provides a comprehensive and detailed review of distribution deals organized by company A-Z, therapy, technology and industry type signed and announced since 2009 where a contract document is available. Contract documents provide an indepth insight into the actual deal terms agreed between the parties with respect to the distribution deal.
 
In addition the report includes a comprehensive listing of all distribution deals announced since 2009.
Each listing is organized as an appendix by company A-Z, stage of development at signing, therapeutic area and industry type. Each deal title links via hyperlink to an online version of the deal record including, where available, the actual contract document.
           
The report also includes numerous table and figures that illustrate the trends and activities in distribution dealmaking since 2009.
 
In conclusion, this report provides everything a prospective dealmaker needs to know about distribution alliances.                      
 
Key benefits
 
Distribution Partnering Terms and Agreements report provides the reader with the following key benefits:
                                       
  • In-depth understanding of distribution deal trends since 2009
  • Analysis of the structure of distribution agreements with numerous real life case studies
  • Comprehensive access to over 1,900 actual distribution deals entered into by the world’s biopharma companies
  • Detailed access to actual distribution contracts enter into by the leading fifty bigpharma companies
  • Insight into the terms included in a distribution 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
                            
Distribution Partnering Terms and Agreements is intended to provide the reader with an in-depth understanding of the distribution trends and structure of deals entered into by leading biopharma companies worldwide.
 
                                             
Distribution Partnering Terms and Agreements includes:
                                  
  • Trends in distribution dealmaking in the biopharma industry since 2009
  • Analysis of distribution deal structure
  • Case studies of real-life distribution deals
  • Access to over 1,900 distribution deals documents
  • The leading distribution deals by value since 2009
  • Most active distribution dealmakers since 2009
  • The leading distribution partnering resources
 
In Distribution Partnering Terms and Agreements, the available deals are listed by:
 
  • Company A-Z
  • Headline value
  • Stage of development at signing
  • Therapeutic area
  • Technology type
 
Each deal title links via Weblink to an online version of the actual deal record, providing easy access to each contract document where available.
 
The Distribution Partnering Terms and Agreements report provides comprehensive access to available records for over 1,900 distribution deals, including contract documents where available. 

Analyzing actual contract agreements allows assessment of the following:
                                 
  • What are the precise 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 Content

Executive Summary

Chapter 1 – Introduction

Chapter 2 – Trends in distribution dealmaking
2.1. Introduction
2.2. Definition of distribution deals
2.3. Trends in distribution deals since 2009
2.3.1. Attributes of pure distribution deals
2.3.2. Attributes of distribution in multi-component deals
2.4 . Aligning partners to make the distribution agreement work
 
Chapter 3 – Overview of distribution deal structure
3.1. Introduction
3.2.Distribution agreement structure
3.3. Example distribution agreements
3.3.1. Case study 1: Zeltiq Aesthetics – Advance Medical – 18 March 2011
3.3.2. Case study 2: QLT – ASD Speciality Healthcare – January 2010
3.4 Distribution rights as part of a wider alliance agreement
3.4.1. Case study 1: Caleco Pharma – Natac Biotech – March 2010
3.4.2. Case study 2: Purdue Pharma – Transcept Pharmaceuticals – July 2009
 
Chapter 4 – Leading distribution deals
4.1. Introduction
4.2. Top distribution deals by value
4.3. Most active distribution dealmakers
4.4. Bigpharma distribution deal activity
4.5. Big biotech distribution deal activity
 
Chapter 5 – Bigpharma distribution deals
5.1. Introduction
5.2. How to use distribution deals
5.3. Bigpharma company distribution deal profiles
Abbott
Actavis Inc (formerly Watson Pharmaceuticals)
Actelion
Allergan
Amgen
Aspen Pharmacare
Astellas
AstraZeneca
Baxter International
Bayer
Bayer Animal Health
Boehringer Ingelheim
Bristol-Myers Squibb
CSL
CSL Behring
CSL Biotherapies
Daiichi Sankyo
Eisai
Eli Lilly
Galderma
Gilead Sciences
GlaxoSmithKline
Grifols
Hospira
Johnson & Johnson
Lundbeck
Merck & Co
Merck Sharpe & Dohme
Merck KGaA
Mylan
Novartis
Novo Nordisk
Pfizer
Pfizer Animal Health
Purdue
Roche
Sanofi
Shionogi
Shionogi Pharma
Shire
Takeda
Teva
UCB
Valeant
 
Chapter 6 – Bigbiotech distribution deals
6.1. Introduction
6.2. How to use bigbiotech partnering deals
6.3. Bigbiotech distribution partnering company profiles
Actelion
Anika Therapeutics
Biocon
BioCryst Pharmaceuticals
Cangene
Elan
Enzo Biochem
Exelixis
NPS Pharmaceuticals
Questcor Pharmaceuticals
Regeneron Pharmaceuticals
Spectrum Pharmaceuticals
United Therapeutics
ViroPharma
 
Chapter 7 – Distribution contracts directory 
7.1. Introduction
7.2. By Company A-Z
Abaxis
Abbott Laboratories
Accredo Health Group
Accuray
Adolor
ADVANCE Medical
Adventrx Pharmaceuticals
Afritex Medical Products
Allergan
AMDL Diagnostics
AmerisourceBergen
Amgen
Amsino Medical
Anesiva
Antigenics
Applied DNA Sciences
Arena Pharmaceuticals
Argyll Biotechnologies
Aristos Pharmaceuticals
ASD Speciality Healthcare
AspenBio Pharma
Astellas
Avimex
Baxter Healthcare
Besse Medical
BG Medicine
Bio-Matrix Scientific
BioHorizons
Biolase Technology
BioMedica Life Sciences
BioParadox
BioScrip
BioSphere Medical
Biovail
Biovail Laboratories
BioXcel
BSD Medical
Cadence Pharmaceuticals
Caleco Pharma
Cambridge Heart
Cambridge Laboratories
Caraco Pharmaceuticals
Cardica
Cardinal Health
Cellogique
Centocor Ortho Biotech
Centro de Reproduccion Humana de Lima
Century Medical
Chi-Fu Trading
China Polypeptide Group
China Yongxin Pharmaceuticals
Corgenix Medical
Cryolife
CryoPort
Cumberland Pharmaceuticals
CytoCore
Dalian Wande Electronics
Dehaier Medical Systems
Delcath Systems
Dendreon
Dyax
Echo Therapeutics
ECR Pharmaceuticals
Eisai
ELITech
Embryome Sciences
Entest BioMedical
FedEx
Ferndale Pharmaceuticals
Galderma
GlaxoSmithKline
Gonagen
Grant Industries
Green Vision
Grifols
Guangdong Hope Polypeptide Biotechnology
Guangdong Prosper Channel Medicine Company
Health Diagnostic Laboratory
Helix BioMedix
Henry Schein
Horizon Pharma AG
Horizon Pharma Inc
Hyperion Therapeutics
ID Biomedical
Immunosyn
Inalco Biochemicals
Inalco Group
Integra Labs
Integrated Commercialization Solutions
Inverness Medical Innovations
INVO Bioscience
ISSI-Strategy
Jiangxi Jiangzhong Pharmaceutical
Jinjiang Shukun Food Trade Co
Kangtai Medical Devices
Kinetic Muscles
KV Pharmaceutical
Lev Pharmaceuticals
LifeHealth
McKesson
Medical Action Industries
Merial
Millipore
Misonix
Mobility Research
Molecular Insight Pharmaceuticals
Mundipharma
Nanshan Memorial Medical Institute
Natac Biotech
NeurogesX
Nippon Kayaku
Nitec Pharma
NovaDel Pharma
Novartis
Novation
Novavax
NuVasive
Obagi Medical Products
Oculus Innovative Sciences
Osteotech
OxySure Systems
PhotoMedex
PN Med Group
Prasco Laboratories
Printcolor Screen
Pro Pharmaceuticals
Procaps
Procter & Gamble
Progentix Orthobiology
Prometheus
Provista
Purdue Pharma
PuriCore
QLT
Rechon Life Sciences
Rodan and Fields
RTI Biologics
RubyDerm
S2 Therapeutics
Sagent Pharmaceuticals
Sanguin Blood Supply Foundation
Sanquin Blood Supply Foundation
Santarus
Schering-Plough
SD Pharmaceuticals
Sennewald/Medizin-Technik
Shanxi Yabao Pharmaceutical Distribution
Shin Poong Pharmaceutical
Siemens
Siemens Healthcare Diagnostics
Sovereign Pharmaceuticals
Spectrum Pharmaceuticals
Starch Medical
Sun Pharmaceutical
Symbollon
Tarom Applied Technologies
Tesaro
ThermoGenesis
Tonghua Tianxiang Pharmaceutical
Transcept Pharmaceuticals
Triax Pharmaceuticals
United Therapeutics
University HealthSystem Consortium
US Bioservices
USHIFU
Valeant Pharmaceuticals
VeroScience
VetCure
Viropharma
Xenoport
Zeltiq Aesthetics
Zimmer
Zogenix
 
7.3. By therapeutic target

Anaesthetics
Cardiovascular
Dental
Dermatology
Gastrointestinal
Genetic disorders
Genitourinary
Gynaecology
Hematology
Hospital care
Immunology
Infectives
Metabolic
Musculoskeletal
Oncology
Pediatrics
 
7.4 By technology type

Assays
Biological compounds
Biomarkers
Biomaterials
Blood products
Cell culture
Devices
Diagnostics
Discovery tools
Drug delivery
Enabling technology
Enviromental
Equipment
Facilities
Genomics
Implant
Industrial chemicals
In vitro models
Nanotechnology
Natural product
Peptides
Personalised medicine
Processes
Proteomics
Radio/Chemo-therapy
Recombinant DNA
Regenerative medicine
Research services
Research supplies
Screening
Small molecules
Software tools
Stem cells
Vaccines
 
7.5. By industry sector target

Academic
Animal Health
Bigbiotech
Bigpharma
Biotech
Consumer health
Drug delivery
Medical device
Diagnostic
Generic pharma
Non-profit
Pharmaceutical
Research tools
Services
Specialty pharma
 
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See accompanying volume for the following appendices
 
Appendix 1 – Distribution dealmaking companies A-Z
Appendix 2 – By stage of development 
Appendix 3 – By therapeutic target       
Appendix 4 – By technology type
Appendix 5 – By industry sector
Appendix 5 – Distribution dealmaking references          
Appendix 6 – Resources          
Appendix 7 – Deal type definitions        
Appendix 8 – Resources

List of Chart

 
Figure 1: Definition of distribution
Figure 2: Trends in distribution deal announcements, 2009-2013
Figure 3: Distribution deals signed at each phase of development, 2009-2013
Figure 4: Issues in implementing distribution agreements
Figure 5: Distribution agreements – what should a contract include?
Figure 6: Components of the distribution deal structure
Figure 7: Top distribution deals by value since 2009
Figure 8: Most active distribution dealmakers 2009-2013
Figure 9: Bigpharma – top 50 – distribution deals 2009 to 2013
Figure 10: Bigpharma distribution deal frequency - 2009 to 2013
Figure 11: Big biotech – distribution deals 2009 to 2013
Figure 12: Big biotech distribution deal frequency - 2009 to 2013

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