On August 5, 2022, Llinks Mr. Xun Yang was invited to attend the 'Biomedical Innovation Cooperation Conference 2022' and delivered a keynote speech on 'Legal Risks and Responses for Pharmaceutical Companies Going Overseas'. More than 300 experts from medical, pharmaceutical, healthcare and related investment institutions and service organizations participated in the summit conference.
First, Mr. Yang introduced the three modes of pharmaceutical companies going abroad from a macro perspective, technology licensing, overseas clinical trial and cross-border M&A. Apart from drawing a comparison of these three modes, he pointed out that technology licensing is still the mainstream for innovative pharmaceutical companies.
In addition, Mr. Yang introduced the basic process, key concerns and issues in the transaction that are worth paying attention to in the technology licensing of pharmaceutical companies, including the definition of the licensed technology, the interpretation of exclusivity and 'reasonable efforts' in certain foreign jurisdictions, the key points of IPR allocation, the advantages and disadvantages of Joint Steering Committee, the legal regulation of data sharing as well as the key factors in determining license fees.
Mr. Yang's speech was well-praised by the participants, especially by the business development staff of pharmaceutical companies. With the rapid development of China's R&D capabilities for pharmaceuticals (including chemicals and biologicals), a large number of pharmaceutical companies kick off their expansion into overseas markets. Therefore, it is essential for them to learn how to prevent intellectual property risks and manage clinical data legally and compliantly in foreign licensing transactions.
