Commercialising a client’s intellectual property is key to its success.
We are experts at it.
IP licensing
and commercialisation
Develop legally viable commercialisation strategy appropriate to your end goal.
Set up the legal structure appropriate to that goal.
Draft, review and negotiate relevant documents including term sheets, option agreements, and license agreements.
Review public announcements.
Assist with negotiations.
Case study
IP licensing
and commercialisation
Australian Tapestry Foundation
We acted for Australian Tapestry Foundation in its agreements with the Australian Tapestry Workshop to commission tapestries for the Sir John Monash Centre at Villers-Bretonneux and for the Joan Kirner Women’s and Children’s Hospital.
Bellroy
We acted for Bellroy Pty Ltd, during the period 2013-2018, initially as lead external counsel to Bellroy and other businesses of the founders, and latterly as trade mark portfolio manager having assisted the company’s transition in appointing its own in-house counsel.
Cynata
We have acted as external counsel on commercial and IP matters for Cynata Therapeutics Ltd (ASX:CYP) since 2013, including its recent takeover approach from Sumitomo Dainippon Corporation, and its transformative contracts with Fujifilm Corporation in 2019 (GvHD License Agreement), 2017 (Licence Option and Subscription Agreements), 2016 (Term Sheet) and under which Cynata received capital investment of AU$4m, a US$3m signing fee, up to AU$60m total milestone payments and a royalty on product sales. We also acted for the CEO of Cynata in his previous role.
Business
and commercial law
Develop legally viable business and contractual structures for disruptive ideas.
Prepare documentation for capital investment, including term sheets, subscription and shareholder agreements, convertible note deeds and constitutions.
Draft, review and negotiate operational contracts, including manufacturing, distribution and supply agreements, terms and conditions, privacy policies, employee incentive schemes, material transfer agreements, clinical trial agreements and publishing agreements, whether on a bespoke or pro-forma basis.
Case study
Business
and commercial law
Blamey Saunders
We first acted for Dr Elaine Saunders and Professor Peter Blamey, founders of Dynamic Hearing, nearly twenty years ago. Recently we assisted them navigate growth, external investment and conclude a successful exit of their second company, BlameySaundersHears.
CSL
During the period 2004-2017 we acted as lead external counsel to CSL Limited (ASX:CSL) and its subsidiary Seqirus Pty Ltd (aka CSL Biotherapies Pty Ltd) on contractual arrangements with the Commonwealth of Australia for the supply of seasonal influenza vaccine and other vaccines under the National Immunisation Plan as well as biosecurity commitments (including prototype pandemic vaccine development, pandemic preparedness commitments and supply of antivenoms and Q-Fever vaccine).
Opal Rheumatology
Since 2015 we have acted for OPAL Rheumatology Limited, a public NFP company that provides statistical analytical services to a majority of the multinational suppliers of prescription rheumatology pharmaceuticals. Our work has included assisting in contracts with critical service providers and global customers.
Spinifex Therapeutics
Having acted as external counsel on commercial and IP matters for Spinifex Pharmaceuticals from 2008, through a number of capital raises (including its 2014 re-domestication to USA). We also acted as lead local counsel alongside Goodwin Proctor (US) in the acquisition by Novo Nordisk in 2015 for US$200 million upfront payment plus undisclosed clinical development and regulatory milestones.
Research
and development
Assist international clients seeking to undertake high risk R&D in Australia.
Draft inter-company licensing and other arrangements between the offshore parent and the local subsidiary.
Provide legal support to the local subsidiary as required, including drafting, reviewing and negotiating relevant operational contracts, including master service agreements with CROs, clinical trial agreements with sites and related trial documentation.
Provide various pro-forma operational contracts, including CDAs, MTAs, consultancy agreements, appointment agreements for directors and Scientific Advisory Board members, and D&O Indemnity Deeds.
Select clients
Research
and development
Cognition Therapeutics
A privately held biopharmaceutical company focused on the creation and clinical development of a pipeline of disease-modifying small molecule drug candidates that stop neurological disease processes and restore and preserve the synapse, the building blocks of brain health and function. Cognition’s lead candidate, Elayta™, is a proprietary first-in-class, orally dosed and highly brain penetrant small molecule in development for the treatment of mild-to-moderate Alzheimer’s disease. A novel approach to synaptic protection and restoration in Alzheimer’s disease.
Daré Bioscience
(NASDAQ: DARE) – A clinical-stage biopharmaceutical company committed to the advancement of innovative products for women’s health. The company’s mission is to identify, develop and bring to market a diverse portfolio of differentiated therapies that expand treatment options, improve outcomes and facilitate convenience for women, primarily in the areas of contraception, vaginal health, sexual health, and fertility.
SpineThera
A designer and developer of sustained-release, injectable drugs to meet the unique safety requirements for administration in and near the spine, whose lead drug product candidate utilizes patent protected sustained-release drug-delivery technology designed to meet the specific and unique needs of epidural administration and back pain.
Case study
IP licensing
and commercialisation
Australian Tapestry Foundation
We acted for Australian Tapestry Foundation in its agreements with the Australian Tapestry Workshop to commission tapestries for the Sir John Monash Centre at Villers-Bretonneux and for the Joan Kirner Women’s and Children’s Hospital.
Bellroy
We acted for Bellroy Pty Ltd, during the period 2013-2018, initially as lead external counsel to Bellroy and other businesses of the founders, and latterly as trade mark portfolio manager having assisted the company’s transition in appointing its own in-house counsel.
Cynata
We have acted as external counsel on commercial and IP matters for Cynata Therapeutics Ltd (ASX:CYP) since 2013, including its recent takeover approach from Sumitomo Dainippon Corporation, and its transformative contracts with Fujifilm Corporation in 2019 (GvHD License Agreement), 2017 (Licence Option and Subscription Agreements), 2016 (Term Sheet) and under which Cynata received capital investment of AU$4m, a US$3m signing fee, up to AU$60m total milestone payments and a royalty on product sales. We also acted for the CEO of Cynata in his previous role.
Case study
Business
and commercial law
Blamey Saunders
We first acted for Dr Elaine Saunders and Professor Peter Blamey, founders of Dynamic Hearing, nearly twenty years ago. Recently we assisted them navigate growth, external investment and conclude a successful exit of their second company, BlameySaundersHears.
CSL
During the period 2004-2017 we acted as lead external counsel to CSL Limited (ASX:CSL) and its subsidiary Seqirus Pty Ltd (aka CSL Biotherapies Pty Ltd) on contractual arrangements with the Commonwealth of Australia for the supply of seasonal influenza vaccine and other vaccines under the National Immunisation Plan as well as biosecurity commitments (including prototype pandemic vaccine development, pandemic preparedness commitments and supply of antivenoms and Q-Fever vaccine).
Opal Rheumatology
Since 2015 we have acted for OPAL Rheumatology Limited, a public NFP company that provides statistical analytical services to a majority of the multinational suppliers of prescription rheumatology pharmaceuticals. Our work has included assisting in contracts with critical service providers and global customers.
Spinifex Therapeutics
Having acted as external counsel on commercial and IP matters for Spinifex Pharmaceuticals from 2008, through a number of capital raises (including its 2014 re-domestication to USA). We also acted as lead local counsel alongside Goodwin Proctor (US) in the acquisition by Novo Nordisk in 2015 for US$200 million upfront payment plus undisclosed clinical development and regulatory milestones.
Select clients
Research
and development
Cognition Therapeutics
A privately held biopharmaceutical company focused on the creation and clinical development of a pipeline of disease-modifying small molecule drug candidates that stop neurological disease processes and restore and preserve the synapse, the building blocks of brain health and function. Cognition’s lead candidate, Elayta™, is a proprietary first-in-class, orally dosed and highly brain penetrant small molecule in development for the treatment of mild-to-moderate Alzheimer’s disease. A novel approach to synaptic protection and restoration in Alzheimer’s disease.
Daré Bioscience
(NASDAQ: DARE) – A clinical-stage biopharmaceutical company committed to the advancement of innovative products for women’s health. The company’s mission is to identify, develop and bring to market a diverse portfolio of differentiated therapies that expand treatment options, improve outcomes and facilitate convenience for women, primarily in the areas of contraception, vaginal health, sexual health, and fertility.
SpineThera
A designer and developer of sustained-release, injectable drugs to meet the unique safety requirements for administration in and near the spine, whose lead drug product candidate utilizes patent protected sustained-release drug-delivery technology designed to meet the specific and unique needs of epidural administration and back pain.