commissioned development contracts

By Mia Qu King & Wood Mallesons’ IP Litigation Group  Shanghai Office.

As a result of the development of the biomedical industry and the Contract Research Organization (CRO) and Contract Manufacturing Organization (CMO) business models, China has become one of the most important outsourcing destination countries, acquiring considerable market share of the global outsourcing market. This paper aims to provide an overview of the intellectual property issues as related to biomedical outsourcing in the Chinese context.

I. Types of outsourcing and their respective legal relationships

In practice, there are many different types of possible relationships between pharmaceutical enterprises and CROs, for example: the revenue and risk sharing model, technology sharing model, cooperative management and development model, general research & development (R&D) model and technology service model.
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