14:00PM – 10/1/2014: Conference Workshop “Conundrums and Conflicts in Licensing & M&A Deals” @14th Global Partnering & Biotech Investment, Congress Center Basel – SACHS Associates, London
Reporter: Aviva Lev-Ari, PhD, RN
Real Time Media Conference Coverage – Business and Scientific Channels by: https://pharmaceuticalintelligence.com
14:00PM “Conundrums and Conflicts in Licensing & M&A Deals” – An interactive workshop considering ethical dilemmas and challenges in biopharmaceutical deal making
Workshop facilitators:
- Nigel Borshell, VP,
- Fintan Walton, Chief Executive, PharmaVentures Ltd
Four groups of three executive are participating at the Workshop on M&A, One member will act as CEO and present the Scenario and the solution
Five different M&A Scenarios will be presented
- TRANSPARENCY – trust
- M&A – Consultancy agreement was rejected
- Licensing a Medical Device permanently in-dwelling – Lifetime revenue per patient $600,000 – licensor proposes cut in royalties and fees for service
- Licensee is locked in a crippling 40% on royalties
Case #1:
TRANSPARENCY – trust
M&A – Consultancy agreement was rejected
Licensing a Medical Device permanently in-dwelling – Lifetime revenue per patient $600,000 – licensor proposes cut in royalties and fees for service – Two parties need to solve
Licensee is locked in a crippling 40% on royalties – Royalties to be renegotiated
Gross sales – not the value added TAX, TAXES ASSESSED ON INCOME DERIVED FROM SALES – AGREEMENT OVER A PERIOD OF TIME TO BE ACHIEVED
Case #2:
TRANSPARENCY – a case of financial exhaustion of funding, transparency is very important
M&A – continue negotiation to pay less
Licensing a Medical Device permanently in-dwelling – Lifetime revenue per patient $600,000 – licensor proposes cut in royalties and fees for service – who own the device? sharing is the solution
Licensee is locked in a crippling 40% on royalties – Incentive for 40% is basis to secure debt
Gross sales – not the value added TAX, TAXES ASSESSED ON INCOME DERIVED FROM SALES – TRANSPARENCY NEEDED
Case #3:
Partnership consideration
M&A – continue with 5% minority shareholder, do accept the consultancy
Licensing a Medical Device permanently in-dwelling – Lifetime revenue per patient $600,000 – licensor proposes cut in royalties and fees for service – if a contract in place on device use — is their a monopoly?
Licensee is locked in a crippling 40% on royalties – Licensee, Board and Originator – try to advance the state to Phase III
Gross sales – not the value added TAX, TAXES ASSESSED ON INCOME DERIVED FROM SALES – CONSISTENCY with business practices – change agreement
Case #4:
not an easy answer, continue with the second proposition of increasing the investment to $50Million
Licensing a Medical Device permanently in-dwelling – Lifetime revenue per patient $600,000 – licensor proposes cut in royalties and fees for service – contractual obligation, while one party request change – split the gap, giant Pharma should not change contract
Licensee is locked in a crippling 40% on royalties – negotiate with originator, fall back position to be sought – option deal
obtained
Gross sales – not the value added TAX, TAXES ASSESSED ON INCOME DERIVED FROM SALES – New agreement to increase royalties
Moderator: was it a mistake – NOT TO TAKE VAT WHEN 99% OF CONTRACTS REQUIRES VAT, no pay of royalties of VAT
time limit beyond 2 years in royalties
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