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ARTICLE · 13 AUGUST 2008

Royalty Stacking & Managing The Risk Of IP Infringement

Royalty stacking and managing the risk of IP infringement in biotech product development - is the 'cure' more dangerous than the 'disease'?

AustraliaIntellectual Property
Roberta Bozzoli
Roberta Bozzoli

Royalty stacking and managing the risk of IP infringement in biotech product development - is the 'cure' more dangerous than the 'disease'?

With the growth of patent filings in the biopharmaceutical industry, organisations from big pharmas through to startup biotech companies are required to navigate a minefield of intellectual property protection to develop a product which is free from the threat of patent infringement proceedings.

The significant risk that the development of a product, or the ability to freely sell a product in the open market, may be compromised by patent infringement proceedings can greatly affect the ability to attract investment or funding for product development and to secure licensing partners. Funders consider it too risky to commit to a product pipeline which may be closed down by infringement litigation.

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