This paper is about the key points of debate in generic licensing agreements, considering the objectives of the licensor and licensee. It offers compromise solutions that should help business development professionals in the generic industry in the portion of their job requiring negotiations as licensor and licensee, with the common objective to bring affordable medicines to those who need them, while increasing profits.
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2.
Incoterms are internationally accepted commercial terms defining the respective roles of the buyer and seller in the arrangement of transportation and other responsibilities and clarify when the ownership of the merchandise takes place. They are used in conjunction with a sales agreement or other method of transacting the sale, for example ex-works (title and risk pass to buyer including payment of all transportation and insurance cost from the seller's door); CIF — Cost, Insurance and Freight (title and risk pass to buyer when delivered on board the airplane or ship by seller who pays transportation and insurance cost to destination point); DDU — Delivered Duty Unpaid (seller fulfills his obligation when goods have been made available at the named place in the country of importation). Incoterms are copyrighted by the International Chamber of Commerce, Paris, France. It is available in the United States from ICC Publishing, Inc., 156 Fifth Avenue, New York, NY 10010.
3.
HoffmanJ. (2004). Global generics profitability: Increasing need for business development and licensing. Journal of Generic Medicines2(1), 9–17.
4.
GoodmanM. (2004). Implications of emerging Indian pharma, Part II, Morgan Stanley, New York.
5.
SpaneM. (2005). Is there a future for European dossier sellers? First Annual Meeting of Licensing in the Generics Industry, Marcus Evans Conferences, Berlin, 15–16th September, 2005.
6.
Personal interview with Leo de Haan, Manager Industrial Sales and Licensing, Centrapharm, Madrid, Spain, 26th February, 2004.
7.
FradkinH. E. (2005). Should you license your competition?Les Nouvelles Journal of the Licensing Executives SocietyXL(3), 128–130.
8.
Personal interview with Jonina Gudmundsdottir, Head of Business Development and Out-licensing, Medis (Actavis), Stuttgart, Germany, 28th September, 2006.
9.
From an internal proprietary database of INVENTIA s.r.o., Praha, Czech Republic.
10.
KargerC. R.WiedemannP. M. (1994). Pitfalls and stumbling blocks in negotiation processes Arbeiten zur Risiko-Kommunikation, Heft 45, Julich, Juni 1994.
