Whether you are grappling with the impact of COVID-19, raising capital, incentivising your staff, entering into a licence or other contract, protecting your intellectual property or preparing to sell your company, we can help you navigate relevant legal and other risks.
We understand the challenges that early stage, growth and more established life sciences (including medical devices) companies and their investors face in this highly regulated area and in this very difficult environment. We can use our industry insight to deliver pragmatic advice on fundraisings, investments, mergers & acquisitions, other transactions, commercial disputes and compliance obligations in this industry. We can also help you with patent drafting, filing, prosecution and where necessary litigation. We have particular experience in relation to patents for medical devices.
The commercial questions
The expiry of patents for many blockbuster and other drugs - the so-called “patent cliff”, the increasing scope this creates for the marketing of generic drugs and the growing take-up of biosimilar medicines is driving consolidation in the market, including through mergers, acquisitions and joint ventures, and creating opportunities for start-ups and growth companies.
All businesses are seeking to understand the extent to which they can manage supply chain and staffing issues through the COVID-19 crisis and the extent to which they or their counterparties can invoke force majeure and other contractual provisions as a result of the pandemic.
Smaller companies require strategic or financial investment. Even the smallest companies in this market need to have a clear business plan and supportive investors, and be able to demonstrate they have protected their intellectual property and complied with data protection and other laws and regulations
The legal questions
Companies in this space usually require ongoing protection of their patents as well as trade marks, copyright, databases and other intellectual property rights. Our patent service can deliver solutions that are sensitive to your goals, budgets and strategy and are complemented by advice on contractual, employment law, tax and insurance considerations.
Data, data protection and information security are crucial areas of focus in this space, notably in respect of clinical trials. Regulators like the Information Commissioner’s Office are likely to take any breaches of data protection obligations by life sciences businesses very seriously.
Manufacturers of medical devices will need to consider the more stringent obligations being introduced by the EU Medical Device Regulation.
Any transactions in this area are likely to involve detailed legal due diligence, warranties and negotiation of how risks should be allocated.
Working with us
Our experience advising life sciences companies and investors will enable us to pre-empt the commercial and legal challenges that you may face and deliver valuable solutions.
Get in touch if you have a project or question that we can assist with.
Read about our relevant experiences.