Intellectual Property, Licensing and Biotech Venture Finance — conclusion

Conclusion

The history of Basel's life-sciences industry can be told as a history of intellectual property. The industry grew up without patents, became the strongest defender of patents once it had become an innovator, and today derives most of its value from exclusive rights that are granted, extended and limited by law. Patent terms, supplementary protection certificates, paediatric extensions and data exclusivity determine how long a medicine earns monopoly returns. Swiss price regulation, American most-favoured-nation policy and the international debate on access to medicines determine how high these returns are. Licensing agreements, royalty streams and valuations translate these legal positions into financial values that circulate between universities, start-ups, investors and the large groups.

Around this core, a biotech ecosystem has grown up in Allschwil, Basel and the surrounding region, with Actelion as its outstanding success and with many younger companies still seeking financing for clinical development. Its dependence on foreign capital reveals the weakness of the Swiss venture capital market, while the legal infrastructure of preference shares, capital bands, employee participation rulings and ledger-based securities is well developed. The exclusive rights on which this system rests are valuable only if their holders comply with the rules that govern the sale of medicines and the movement of goods across borders. Chapter V therefore turns to compliance: anti-bribery rules, sanctions and export control.

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of August 2025.

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Dr Alexander Ressos, TEP

Rechtsanwalt/Attorney-at-Law

I am a Swiss attorney-at-law and also admitted as a solicitor in Hong Kong and in England & Wales, with almost 25 years of experience.

Together with my multilingual team, including Chinese, Japanese, Korean, Russian, Ukrainian and French native speakers, I advise companies and their owners from around the world on the full range of banking, corporate, commercial and tax law matters in Switzerland, including international tax planning, fiduciary services, and legal family office services including immigration & relocation or real estate investments. My practice has a particular focus on clients from growth and frontier markets in Greater China, Central Asia and the Caucasus, the rest of Asia, the Middle East, Africa and Latin America, and I equally advise clients from Europe and North America. Through an affiliated Swiss trust company, we also take care of the incorporation and ongoing administration of their companies and other structures, including accounting, tax returns and corporate secretarial services, and I serve as a professional director where required. With the support of a network of first-class cooperation partners, I also implement solutions worldwide.

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Intellectual Property, Licensing and Biotech Venture Finance — conclusion

Conclusion

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