International Law Office, Newsletter, August 2014
LALIVE has an established dispute resolution practice and transactional in the pharmaceutical and biotechnology sectors. We advise and represent clients worldwide in relation to laws, regulations, business and transactions applicable to the industry. Our lawyers have long-standing experience guiding clients in the life sciences sector, from start-ups to international companies, as well as academic and research institutions, working on a wide range of technologies, from R&D to commercialization.
Our experience is widespread. We can add value in the following areas:
- Commercial disputes: We can act as counsel or act as arbitrator in proceedings involving complex cross-border transactions and long-term international agreements, such as R&D joint-ventures, distribution schemes, clinical test partnerships, shareholder agreements, sales and distribution agreements, and investment agreements.
- Commercial agreements: We advise on all commercial agreements related to R&D, distribution, promotion and commercialization of life sciences products and technologies, such as R&D arrangements, JV agreements for the implementation and conduct of clinical trials, technology transfers and collaborations.
- M&As and due diligence: Regulatory and reputational due diligence is increasingly important in the pharmaceutical and biotechnology sectors. We structure and negotiate domestic and cross-border transactions involving products at all lifecycle stages – from discovery, development, to sale and promotion.
- Intellectual property: We advise on all aspects related to licence agreements and trademarks which are essential in the pharmaceutical and biotechnology sectors.
- Regulatory and compliance: We advise on regulatory strategies and assist to ensure compliance with regulatory requirements impacting pharmaceutical and biotechnology operations and marketing, including in domestic and European competition /anti-trust matters.
- Acting as counsel to a Swiss pharmaceutical company in an ICC arbitration concerning the non-payment of commissions by a Canadian company in connection with the import of pharmaceutical products in countries of the Middle East. The firm also advised the client in the context of parallel summary proceedings in Canada.
- Acting as counsel to Finnish pharmaceutical company in arbitration proceedings related to a dispute over breaches of confidentiality and non-compete obligations relating to an invention and accompanying patents.
- Acting as counsel to a foreign-owned Swiss biotechnology company in relation to its contract portfolio and disputes worldwide, including license agreements, development agreements and distribution agreements.
- Acting as counsel to a European pharmaceutical company in a dispute with one of the three largest global pharmaceutical companies regarding rights from sale of blockbuster drug (the largest in sales of that company).
- Advising a leading French biotherapeutic company active in the development of human somatic cell therapies in relation to the drafting and negotiation of a high-stakes clinical research supply and support agreement with a provider of biointerventional solutions for heart failure, chronic myocardial ischemia and acute myocardial infarction, for the supply of guide catheters and helical infusion catheters and training.
- Advising a leading company in the pharmaceutical industry in relation to several complex commercial, contractual, consumer and regulatory law matters regarding the licence and distribution of pharmaceutical products in Switzerland.