Licensing in Life Sciences: New Developments By Dr Lorenza Ferrari Hofer: Licensing has always been a cornerstone in the life sciences sector, allowing companies to leverage both their own and third parties' know-how to achieve business objectives. In recent years, the landscape of licensing agreements has evolved, particularly in Europe and Switzerland. This article, authored by Dr. Lorenza Ferrari Hofer, Partner at Schellenberg Wittmer SA, explores the latest trends and complexities in life sciences licensing, highlighting its critical role in the industry.
Licensing intellectual property rights (IPR) is crucial for the manufacture and development of pharmaceutical products and medical devices. Companies often license production techniques and supply facilities to improve efficiency and product quality. Additionally, licensing serves as an exit strategy for start-ups, providing a valuable alternative to venture capital and enabling faster growth and more revenue options. This flexibility is essential for navigating the uncertainties of the regulatory assessment process and market changes.
The structure of license deals has significantly changed, with agreements becoming more complex. Traditional license fees are now often accompanied by equity participation options and first negotiation rights under flexible engagement terms. The scope of licensed subject matters has also expanded, including not only patents and copyrighted materials but also non-personal data related to clinical trials. This evolution reflects the increasing importance of data and digital technologies in developing new healthcare therapies.
Data, especially non-personal technical data, plays a vital role in the life sciences sector. Proper contractual rules are crucial to protect the value of data portfolios, particularly when data cannot be exclusively owned. The establishment of data contracts is essential to outline the assignment and permitted use of data, ensuring that all parties understand their rights and obligations. This is especially relevant as digital technologies become integral to future service offerings and business models.
r.-Ing. Sophie Ertl
Licensing in life sciences has grown more sophisticated, becoming a vital legal tool for developing and manufacturing healthcare therapies. The rise of joint collaborations and cross-licenses has accelerated research and development, benefiting public health. As demonstrated by the rapid development of COVID-19 vaccines, effective licensing agreements can significantly impact healthcare innovation.
Please read The Full Article By Dr Lorenza Ferrari Hofer in Our Latest Edition on The Women's IP Annual 2024
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