Summary
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 over 500 links to online copies of actual distribution 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.
For example, analyzing actual company agreements allows assessment of the following:
- What are the precise distribution rights granted?
- 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?
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 2000. 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 5 provides a comprehensive listing of the top 50 bigpharma companies with a brief summary followed by a comprehensive listing of distribution 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.
Chapter 6 provides a comprehensive listing of all distribution agreement contracts available in the public domain. 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.
The report also includes numerous table and figures that illustrate the trends and activities in distribution dealmaking since 2000.
In conclusion, this report provides everything a prospective dealmaker needs to know about distribution as an opportunity to participate in the commercialization of either candidate compounds in development or products already on the market.
|
