Publications

We combine legal knowledge with industry experience to offer commercial and practical advice to clients on the research, development and commercialisation of life science products and technologies.

The life sciences sector is characterised by businesses whose products and services depend on generating intellectual property and applying scientific and technological skills to innovative business ideas. Many life science businesses are small research and development companies; they need finance to develop their technology, conduct further research and ensure intellectual property protection for their results to realise commercialisation in the marketplace.

These businesses require a special blend of legal advice and support. In particular, the financing needs of such businesses, from the earliest seed stage, through early growth, to sustained growth require a constant and intensive level of high quality and committed legal support.

The life sciences unit has significant experience in venture capital funding, licensing collaborations and strategic alliances. We have represented clients ranging from global players to emerging companies in all aspects of the industry including ag-bio, biotechnology, bioinformatics, diagnostics, drug delivery, medical devices and pharmaceuticals.

Scientists and entrepreneurs in the life sciences sector need straight forward solutions, not road blocks. Mason Hayes & Curran has the knowledge and expertise to assist in taking life science products from development through to commercialisation.

Company Formation / Funding

We regularly advise clients on all aspects of the formation and establishment of businesses including company formation, shareholders' agreements, grant aid from State agencies, and raising finance from venture capitalists. It is important that the appropriate corporate structure for the business is put in place at the outset.
Raising capital can also be a time consuming and complicated task for new entrepreneurs. Our experienced team has a solution-oriented, pragmatic approach which can assist life science companies in all aspects of securing finance.

Intellectual Property (IP)

IP is the life blood of life science companies and generally the most valuable asset of the company. It is critical that this asset is adequately protected at all times. Mason Hayes & Curran regularly advises on the creation and protection of IP such as patents, copyright, trade secrets and trademarks.

Product Development

Product development for life science companies is more complex than many other industries. The industry is highly regulated with a lengthy time period from the initial concept stage to marketed product. Great care must be taken at all stages of the development to ensure that the appropriate regulatory rules (such as cGMP, cGLP, etc.) are being followed. We have extensive experience in advising on the appropriate contractual arrangements with contract laboratories, clinical research organisations and other third party service providers.

Licensing

Life science companies use licensing for both product development and commercialisation of IP. We routinely advise companies on acquiring IP from third level institutions. We also have significant experience in the structuring of licensing transactions in order to ensure the maximum commercial return.
There are significant benefits available to companies and individuals under Irish tax law for licensing income which is derived from "qualifying patents". This can appear a complicated area of law and certain restrictions on the patent exemption have been introduced in recent years. However, through careful tax planning and legal drafting, the patent royalty exemption can be of great benefit to companies and individuals in licensing transactions.

Strategic Alliances

Given the time and capital required to develop products, life science companies rely upon the formation of strategic alliances as a means of financing research and development, validating technology and commercializing products and services. We have represented clients in collaborations ranging from development partnerships, comarketing and co-promotion arrangements, to joint venture agreements in which the parties pool all of their IP and resources.

The success of such collaborations is significantly increased when the foundations for the relationship have been agreed between the parties and recorded in an appropriate agreement.

Conclusion

There is exciting and innovative research being conducted by the life sciences sector in Ireland. Taking effective and experienced advice can greatly assist in commercializing this research.

To find out how the Mason Hayes & Curran life sciences unit can assist you, please do not hesitate to contact us.