Biotechnology and therapeutic products

We are specialists in biotech and therapeutic products, such as medicines, medical devices, and natural health products.  We provide clear and practical legal advice in these complex and fast-growing areas.

Overview

We help a wide range of clients who research, develop, manufacture, import, export, and distribute biotech and therapeutic products.  We also advise policy makers in relation to therapeutic products.

Our clients include:

  • Biotech, pharmaceutical and medical device companies
  • Industry bodies
  • Crown entities
  • Health care providers
  • Animal health companies
  • Venture backed start-ups
  • Research institutions.

As a full service firm with dedicated health sector specialists, we understand the context in which biotech and therapeutic products are used; the organisations, health professionals and customers who use them; and the regulatory environment.

We can support you with the following aspects of your business:

Compliance

  • Regulatory compliance, including under the current Medicines Act and regulations, Therapeutic Products Act (when it comes into force), the Human Tissue Act, Human Assisted Reproduction Technologies Act, and Hazardous Substances and New Organisms Act
  • Marketing, advertising, and promotional activities, including to healthcare professionals and end consumers
  • Therapeutic product recalls
  • Competition issues.

Research

  • Clinical research and trials, including regulatory requirements and ethics committee processes, negotiating and advising on clinical trial agreements, resolving participant claims, managing health information, and advising on research policies
  • Tax advice, including about R&D (research and development) tax incentives
  • R&D agreements, and Government funding agreements.

Commercial and intellectual property

  • Commercial contracting, such as IP and technology licences, confidentiality agreements, distribution agreements, manufacture and supply agreements (including significant medical equipment subject to the Radiation Safety Act) and OEM agreements
  • Applying for, or protecting, patent, copyright and trademark rights.

Corporate and structuring

  • Due diligence, including analysis of all issues specific to the industry, and sale and purchase agreements
  • Business formation processes and start-up financing, including venture capital finance
  • Structuring investment in the bio-sciences industry, including any relevant tax structuring
  • Pharmacy licensing, ownership, and corporate structuring.


Work highlights

Therapeutic Products Act

We are supporting a range of private and public sector clients and industry associations to understand the implications of the Therapeutic Products Act.  We also supported clients to advocate for changes to the Therapeutic Products Bill.

Supply of COVID medication

We advised AstraZeneca on the supply of COVID-19 related pharmaceuticals, and assisting with contractual arrangements with the Crown.

Distribution and supply arrangements

We advised a US based medical device supplier on New Zealand distribution and supply arrangements, and advertising to the public and healthcare professionals.

Application of the Medicines Act

We advised on the potential application of the Medicines Act 1981 to a range of common consumer products.

DNA testing regulation

We advised on the regulation of direct to consumer DNA testing.

Toll manufacturing contract

We advised a Crown Entity on negotiating a toll manufacturing contract.


Our team

David Thomson

Partner, Auckland

David specialises in corporate and commercial law with considerable experience in mergers and acquisitions, joint ventures, governance,…

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Grant Dunn

Partner, Auckland

Grant specialises in corporate and commercial law and has over 20 years experience. …

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Hamish Selby

Partner, Auckland

Hamish specialises in intellectual property and leads the Buddle Findlay intellectual property team…

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Lisette Hood

Partner, Auckland

Lisette specialises in corporate and commercial law, with particular emphasis on commercial contracting, corporate governance and merge…

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Natasha Wilson

Partner, Wellington

Natasha has extensive experience in advising public sector bodies on decision-making processes, legislative design, governance…

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Philip Wood

Partner, Auckland

Philip specialises in providing commercial, IT, telecommunication, media and television/film sector advice including strategic advice…

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Sherridan Cook

Partner, Auckland
Board of Management

Sherridan specialises in advocacy and commercial litigation, with considerable expertise and experience in…

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