Healthcare & Pharmaceuticals

Coverage across a complex and highly integrated sector

Effective integration between a large number of industry participants is needed for the successful functioning of the health care system, and, in turn, optimal service and patient outcomes. Working with KWM you have an adviser with a broad view across this complex ecosystem, and with working relationships with a great number of the key participants.

We help our clients adapt to rapid changes in the structure of the health system as models of care adapt to developments in technology and the need to do more with less, whilst also embracing approaches geared to prevention and wellness. We are also supporting clients as they seek to harness the immense potential of data and manage the associated risks.

We work with Australian and international clients who are the forefront of innovation and development on research and development arrangements, new market entry, navigating complex regulatory regimes and commercialisation arrangements whilst also helping them to protect strategically valuable IP assets.

We maintain a successful track record advising some of the leading Australian and international industry participants on some of the sector’s largest and most challenging transactions.

Our lawyers advise companies working in:

  • Pharmaceuticals – including originators and generics
  • Biotechnology
  • Research and development
  • Medical devices
  • Health insurance
  • Health services provision
  • Hospitals and medical facilities
  • Aged care and retirement villages.

We also advise private equity firms, investors and financial advisers to the sector.

Our legal advice for healthcare clients covers:

  • Intellectual property (including complex patent litigation for pharmaceutical and biotechnology companies)
  • Regulatory issues across the entire sector
  • Competition and anti-trust issues
  • General corporate and commercial advice (including research and development arrangements, clinical trials, licensing, commercialisation arrangements and new market entry)
  • Commercial dispute resolution (including product liability, competition and regulatory litigation)
  • Technology (including IT procurement as well as managing issues around privacy, data and cyber security)
  • Marketing and advertising issues
  • Brand clearance, protection, exploitation and enforcement
  • Corporate advice (including fund formation, capital raising, corporate structures, joint ventures, tax, mergers and acquisitions, takeovers and de-mergers)
  • Finance, advising both lenders and borrowers
  • Employment, benefits and superannuation

Our recent work in the healthcare and pharmaceuticals sector includes advising:

  • Brookfield Business Partners: advising on its $5.7 billion acquisition of Healthscope, Australia’s second-largest private hospital operator.
  • By-Health Co. Ltd: advising on the proposed acquisition of the Life Space Group, the manufacturer and supplier of complimentary medicines and foods.
  • Humanwell: advising on the US$600 million acquisition of ASX-listed Ansell Limited’s sexual wellness business.
  • Qscan Group Holdings Pty Ltd: advising on the sale of its the Diagnostic Medical Imaging & Interventional  business.
  • Genea Limited: advising on the sale of the international provider of assisted reproductive technologies.
  • Biogen Inc: advising on the launch of its scientific information platform in Australia and New Zealand.
  • Vitex Pharmaceuticals Pty Ltd: advising on the preparation and negotiation of contractual arrangements with some of the largest vitamins and pharmaceutical companies operating in Australia.
  • University of Sydney: acting on a large and complex Federal Court litigation involving patents for Multifocal Visual Evoked Potential (mfVEP) technology. 
  • Laser Clinics Australia: advising the leading provider of cosmetic procedures and related products in Australia, in relation to the regulation of therapeutic and cosmetic products and services in Australia.
  • Various clients: advising in relation to various complex, technical patent litigation matters including patent in relation to validity issues and on patent litigation strategy.
  • Medibank: advising the health insurer on its initial public offering and on various other matters.

Meet our Team

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