Ensuring clear IP ownership and partnership parameters are vital to building value in the business and avoiding potential litigation in the future.
Our experienced team can work with you on innovation and know-how management, protection of research results, leading edge technologies, transfer of intellectual property, intellectual property due diligence, patent & trademark litigation, partner evaluation, joint ventures and co-operations, securing long-term interests, license and know-how transfer agreements, clinical trial agreements, manufacturing and commercial agreements.
Partnering, Licensing and Commercialization
Excellent ideas in the life sciences sector are created by innovative minds in both academic and industrial environments all around the world. Identifying and evaluating opportunities for developing and marketing new products through strategic alliances or licensing is an integral part of the life sciences business. Our attorneys assist clients in all aspects relating to licensing including how to resolve intellectual property risks such as availability, exclusivity, enforceability and unwanted obligations. We advise across a full range of issues that affect the process of contract formation including due diligence, IP, tax and accounting matters. We act for a wide range of life sciences companies in the negotiation and settlement of patent and know-how licences, confidentiality, subcontracting, agency, joint venture and R&D agreements, as well as other types of commercial agreements.
Our services include:
Partner Evaluation. We assist in structuring an evaluation process, due diligence and drafting the appropriate legal documents to effectively protect your company’s interests from the very beginning of a potential corporate relationship.
Joint ventures and co-operations. Due to the particularities of the Swiss statutory law, joint venture arrangements and business co-operations need to be carefully considered and executed. VISCHER's experts understand that arrangements need to be tailor-made in order to protect your company's interest while avoiding legal pitfalls.
Securing Long-Term Interests. We support your company in establishing state-of-the-art contractual frameworks that reflect not only your company's temporary interests but also take account of long-term interests and unforeseen changes.
License and Know-How Transfer Agreements. We draft and negotiate licence and know-how transfer agreements. Our attorneys are familiar with the peculiarities of tech transfer units and research institutions (IP ownership and approvals).
Clinical Trial Agreements. We advise companies in compliance issues regarding clinical trials and other research projects involving humans and draft clinical trial agreements.
Manufacturing Agreements. We draft and negotiate manufacturing agreements, taking into account the special allocation of responsibilities and IP matters.
Commercial Agreements
We draft and negotiate a wide array of commercial agreements that are specific to the industry, taking into account the particularities of the life sciences sector as well as IP, tax and accounting issues. Examples include contract research, contract manufacturing, clinical trial, supply, logistics, or distribution agreements.
Recent Transactions
Recent Transactions
- Eurocine Vaccines and Redbiotec AG are collaborating to develop vaccine candidates against Herpes Simplex Virus Type 2 (HSV-2). Eurocine Vaccines gains exclusive rights for developing and marketing these vaccines, utilizing Redbiotec AG's mRNA and protein-based technologies.
- MiniNaviDent AG received investment from Straumann Holding AG to develop and market its dental implant navigation system, DENACAM. They also entered into a cooperation agreement for further system development and a distribution agreement with Straumann Holding AG as the exclusive distributor.
- CombiGene AB and Spark Therapeutics signed a collaboration and licensing agreement for the development of CG01, a gene therapy for drug-resistant focal epilepsy. Spark Therapeutics gains exclusive worldwide rights to develop and commercialize CG01, with potential payments to CombiGene based on milestones and royalties.
- Combioxin SA licensed CAL02, an antitoxin agent for severe pneumonia, to Eagle Pharmaceuticals, Inc., which will be responsible for further clinical development. Eagle Pharmaceuticals, Inc will make upfront and milestone payments and expects interim results in 2023.
- Novartis AG collaborated with Cellerys AG, a startup researching multiple sclerosis therapy, and has the option to acquire the company upon successful Phase 2 trials.
- Dermavant Sciences GmbH entered into an agreement to sell revenue interest in tapinarof, a topical cream for psoriasis and atopic dermatitis, to Marathon Asset Management, NovaQuest Capital Management, and a third institutional investor. They also secured a senior secured credit facility.
- Numab Therapeutics AG and Kaken Pharmaceutical expanded their co-development and licensing agreement for NM26-2198, an anti-inflammatory drug for atopic dermatitis, with regional commercial rights division.
- Oculis SA in-licensed a topical anti-TNF alpha antibody from Novartis for ophthalmic treatments.
- AC Immune AG and Eli Lilly entered into a license and collaboration agreement to research and develop tau aggregation inhibitor small molecules for Alzheimer's disease and other neurodegenerative diseases. AC Immune AG received an upfront payment, potential milestones, and royalties.
- We advised a listed Swiss company in its clinical trial agreements ranging from early phase I to phase III trials.
- We have been advising a biopharmaceutical company in its clinical trial agreements for several drug candidates including securing support from listed pharma companies, CROs, central labs, and external scientific advisors.
- We advised a major international pharma company in setting up its phase III clinical trial for a vaccine candidate with Swiss investigators.
- We advised an international CRO in establishing co-marketing agreements with major pharmaceutical companies.
- We advised a specialist cell media manufacturer in drafting and negotiating a distribution agreement for research reagents.
- We advised a specialty pharmaceutical company in modifying and terminating supply and distribution agreements following dissatisfying results of clinical studies.
- We advised a US life sciences technology company in setting up its product distribution and services agreements for Europe.
Innovation and Know-How Management
The proper protection of inventions and innovative concepts generated by companies in the life sciences sector is of utmost importance for their sustained success. Our specialized lawyers keep a close eye on the legislation and case law regarding life sciences-related intellectual property, including the ongoing amendment concerning biotech inventions in the Swiss patent act.
Protection of Research Results. Our attorneys understand that patents are an important business tool and form part of an overall business strategy. We work with patent lawyers specialized in various technical areas to ensure optimum patent coverage and defense that are tailored to the specific needs of our clients. We develop international protection strategies for patents, trademarks and domain names.
Leading Edge Technologies. We are familiar with transactions involving checkpoint inhibitors, vaccines, gene editing, small molecules, diagnostics, antibodies, genomics, proteomics, RNAi, drug delivery technologies, immunohematology, and other platform technologies.
Transfer of Intellectual Property. We structure, negotiate and draft transfer and development agreements for life sciences companies.
Intellectual Property Due Diligence. VISCHER's experts conduct due diligence reviews of intellectual property rights typically in the framework of mergers or acquisitions. We analyze the legal status of these rights and identify the legal issues which your company will presumably wish to deal with when determining the conditions of the envisaged transaction.
Patent & Trademark Litigation. Working with patent attorneys locally and overseas, we represent clients in patent litigation. We prosecute and defend patent infringement actions and related claims for revocation in the Swiss courts and in multi-national patent disputes. We also assist in mediation proceedings. We further advise clients on trademark matters and have considerable experience advising clients on filings and related opposition and revocation actions. We evaluate and help resolve technology ownership disputes.