Tis 9 aug / År 40 / Nr 3 2022

Experts of Commercial Law with Dedication to Life Science

With their strong competence in commercial law, deep knowledge of IPR and regulatory affairs and broad experience of the life science industry, the lawyers at Delphi’s Life Science group can help their clients to reduce exposure and get higher predictability built into their agreements.

In life science, the most important parts of a business agreement are those covering the intellectual property rights (IPR). Who owns the results? Who has access to the results? Who can use them and how? All these issues must be clarified and carefully stipulated.
“It’s vital to be distinct when you stipulate your demands in an agreement,” says Siri Mårtensson, Lawyer and Senior Associate at Delphi, one of Sweden’s top commercial law firms.
She’s part of Delphi’s Life Science group in Gothenburg and primarily works with IPR, contract law and company law in the business sectors of life science, IT and media. She has deep knowledge of The Personal Data Act and of regulatory affairs concerning classification of products, permission to perform clinical trials, permission to distribute, etc.
Her expertise is a strong asset for Delphi’s clients, for instance when they are tasked to handle personal data from clinical studies or data collected by IT-connected medical devices.
”The use of personal data is regulated in The Personal Data Act, in Swedish law. In addition, the EU is preparing new regulation on data protection, which will probably be implemented by 2016 or 2017,” Siri Mårtensson comments.

Complex Payment Models
Another challenge facing life science companies is that the payment models are more complex than in many other businesses. Besides, the strong emphasis on internationalisation also presents a challenge since it makes the business deals and patent structures more complicated as well.
”By identifying the risks, we can help our clients to reduce exposure and get higher predictability built into their agreements. With our knowledge and experience of the life science industry, we know what investors value and what they dislike in agreements,” says Niklas Eskilsson, Lawyer and Partner at Delphi.
He has many years experience of counselling for life science companies; both as lawyer at law firms and as legal counsel at AstraZeneca. He too is part of Delphi’s Life Science group in Gothenburg and has counselled in life science related transactions and negotiations and stipulations of research agreements, development agreements, collaboration agreements, licence agreements, and distribution agreements.
Lately, he’s seen an increase in the activities in the life science sector in West Sweden, which indicates that it’s currently quite a dynamic life science region.
“There are a number of start-ups raising money and there is also an increased interest for early IPOs, even before initiating clinical studies.”
“There’s also more collaboration and interactions going on between big and small companies, of which AZ BioVentureHub is a good example,” Niklas Eskilsson concludes.