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Co-promotion and Co-marketing Agreements in Biopharma

Published by: CurrentPartnering

Published: Jan. 1, 2008 - 358 Pages


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 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

Akzo Nobel (Organon)

Allergan

Altana

Amgen

Astellas

AstraZeneca

Baxter International

Bayer

Bayer Schering Pharma AG

Biogen Idec

Boehringer Ingelheim

Bristol-Myers Squibb

Cephalon

Chugai

CSL

Dainippon Sumitomo

Eisai

Eli Lilly

Forest Laboratories

Genentech

Genzyme

Gilead Sciences

GlaxoSmithKline

Johnson & Johnson

King

Lundbeck

Menarini

Merck & Co

Merck - Serono KGaA

Mitsubishi

Novartis AG

Novo Nordisk

Nycomed Pharma

Otsuka

Pfizer

Procter & Gamble

Roche

Sanofi-Aventis

Schering Plough

Serono

Shionogi Seiyaku

Shire

Solvay

Takeda

Tanabe Seiyaku

TAP Pharmaceuticals

Teva

UCB

Watson

Wyeth

Chapter 8 - Co-promotion agreement directory 2003-7

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 2003-7

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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Figures in report

Figure 1: Definition of co-promotion and co-marketing

Figure 2: Trends in co-promotion deal announcements, 2000-2007

Figure 3: Co-promotion deals signed at what phase of development, 2000-2007

Figure 4: Trends in co-marketing deal announcements, 2000-2007

Figure 5: Co-marketing deals signed at what phase of development, 2000-2007

Figure 6: Situations where co-marketing can prove useful

Figure 7: Pure versus multi-component co-promotion deal announcements, 2000-2007

Figure 8: Stage of development at which pure and multi-component co-promotion deals are announced 2000-2007

Figure 9: Pure versus multi-component co-marketing deal announcements, 2000-2007

Figure 10: Stage of development at which pure and multi-component co-marketing deals are announced 2000-2007

Figure 11: Example deals where co-promotion options have been actively exercised, since 2000

Figure 12: Issues in implementing co-promotion agreements

Figure 13: Components of the co-promotion deal structure

Figure 14: Components of the co-marketing deal structure

Figure 15: Top 50 co-promotion deals by value since 2000

Figure 16: Top pure co-promotion deals by value since 2000

Figure 17: Top 50 co-promotion deals signed by bigpharma value since 2000

Figure 18: Most active co-promotion dealmakers 2006-7

Figure 19: Bigpharma - top 50 - co-promotion deals since 2003

Figure 20: Top co-marketing deals by value since 2000

Figure 21: Top pure co-marketing deals by value since 2000

Figure 22: Most active co-marketing dealmakers 2003-7

Figure 23: Bigpharma - top 50 - co-marketing deals since 2003

Figure 24: Online partnering resources

Figure 25: Deal type definitions

Figure 26: Co-promotion agreement between Bayer and Zymogenetics, June 2007

Figure 27: Co-marketing agreement between Schering-Plough and Ligand, January 2003

Abstract

The Co-promotion and Co-marketing Agreements in Biopharma report provides comprehensive understanding and unprecedented access to the co-promotion and co-marketing partnering agreements entered into by the worlds leading biopharma companies.

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 500 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. In addition, the contract document collection can be used offline and is available on CD-Rom.

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. In addition, the contract document collection can be used offline and is available on CD-Rom

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