On 30 June 2023, Llinks lawyer Mr. Xun Yang was invited to attend China Bio-pharm Partnering Forum 2023 and delivered a keynote speech on the Technology Licensing in the Medical and Pharmaceutical Area. Over 300 corporate, technology and compliance experts from medical, pharmaceutical, health and IT service providers attended the forum.
Mr. Yang firstly presented a panorama of the business logic of technology licensing in the medical and pharmaceutical area, including geographic enlargement, indications expansion, drugs combination, channels broadening and et cetera. Mr. Yang compared the transaction models of geographic enlargement that are technology licensing, overseas clinic and overseas M&A, and based on which Mr. Yang proposed that technology licensing is still the mainstream for innovative pharmaceutical companies.
Mr. Yang further introduced the basic process of the pharmaceutical company's technology licensing, including partner selection and due diligence investigation, and the main issues to be considered in the transaction such as the definition of license scope, the interpretation of exclusivity and "reasonable efforts" in certain foreign jurisdictions, IP allocation, the pros and cons of Joint Steering Committee, the legal regulation of data sharing, and the determination of license fee.
This speech has been highly appreciated by the attendees, especially the BD staff of pharmaceutical companies. Along with the development of China's drug R&D capability, licensing transactions have been fairly active. Preventing IP risks and managing clinical data legally is what the bio-pharm companies should consider.
