You are on page 1of 4

ADDITIONAL INFORMATION

ASTRAZENECA ANNUAL REPORT AND FORM 20-F INFORMATION 2007 193


RISK

As a research-based pharmaceutical company Products under patent protection or having young products. In the case of litigation both
doing business globally, we are subject to a marketing exclusivity usually generate by generic manufacturers and other research-
variety of risks. Set out below is a summary of significantly higher revenues than those not based companies, we expect that the
the principal risks that may affect our business. protected by patents or marketing exclusivity. greatest challenges will be focused on the
They are grouped under the headings Industry/ For example, we anticipate the expiry of most valuable products.
Economic Environment Risks; Legal/Regulatory certain patents and/or marketing exclusivity
Risks; Business Execution Risks; and relating to Arimidex in a number of major Parts of our technology, techniques and
Reputation. Any of these risks (together with markets within the next few years. Arimidex, proprietary compounds and potential new
other risks and uncertainties discussed for the treatment of breast cancer, had global drugs, including those that are in-licensed,
throughout this report or which are not sales of $1,730m in 2007. may be found to infringe patents owned by
presently known to us or currently considered or granted to others. This risk may increase as
material) could have a significant effect on Risk of patent litigation and our focus on biologics and vaccines increases,
our financial condition, results of operations early loss of patents, marketing because intellectual property issues related to
and/or reputation. These risks have not been exclusivity or trademarks biological medicines can be extremely complex.
listed in any assumed order of priority and We believe that we have robust patent If we cannot resolve any intellectual property
should be read in conjunction with the protection for our products. However, over disputes, we may be liable for damages,
cautionary statements regarding forward- the last few years there has been a marked be required to obtain costly licences or be
looking statements set out on the inside front increase in intellectual property litigation in stopped from manufacturing, using or selling
cover of this report and below. The Managing the pharmaceutical industry. Increasingly, our products. During the course of our activities,
Risk section on page 47 contains general manufacturers of generic pharmaceutical we may become aware of broad patents
information about how we manage risks and products, whether based in developing owned by others relating to some of our
summary information about our approach to countries, such as those in Asia, or elsewhere intellectual property, and in some instances
managing certain specific risks. in the world, seek to challenge our patents we may receive notices from the owners of
or other types of marketing exclusivity and/or patents claiming that their patents may be
RISKS ASSOCIATED WITH FORWARD-LOOKING assert that their products do not infringe our infringed by the development, manufacture
STATEMENTS patents in order to gain access to the market or sale of some of our products and potential
This report contains certain forward-looking for their own generic products. Generic drug new drugs. In response, we may obtain
statements about AstraZeneca. Although we manufacturers are seeking to market generic licences, determine that our products do not
believe our expectations are based on versions of many of our more important infringe the patents or that the patents are not
reasonable assumptions, any forward-looking products, prior to the expiration of our patents valid, or we may make various modifications
statements may be influenced by factors that and marketing exclusivity periods. For example, that we believe should not infringe the patents
could cause actual outcomes and results to we are currently facing challenges from multiple and that should permit commercialisation of
be materially different from those predicted. generic manufacturers to certain of our our products. Defending such claims can be
Forward-looking statements are identified in patents for Nexium, Seroquel and Crestor, costly, even if we are successful.
this report by using the words ‘anticipates’, some of our best-selling products in the US,
‘believes’, ‘expects’, ‘intends’ and similar our largest market. If such challenges are We vigorously defend our intellectual property
expressions. These forward-looking statements successful and result in the launch of generic rights, including taking appropriate infringement
are subject to numerous risks and uncertainties. products, or if otherwise generic products action in various courts throughout the world.
Important factors that could cause actual are launched ‘at risk’ on the expectation that However, there can be no assurance that any
results to differ materially from those in challenges will be successful, this may have of our currently patented products will not be
forward-looking statements, certain of which a materially adverse effect on our financial the subject of intellectual property litigation
are beyond our control, include, among other condition and results of operations. US sales or other disputes involving patent offices,
things, the risks detailed below: for Nexium in 2007 were $3,383m, for anti-trust authorities or other government or
Seroquel were $2,863m and for Crestor were law enforcement agencies in the future, despite
INDUSTRY/ECONOMIC ENVIRONMENT RISKS $1,424m. As a result of challenges by generic our efforts to establish and defend the most
Risk of expiration of patents or marketing manufacturers, certain of our US patents robust patent protection. We may not prevail
exclusivity covering Toprol-XL were held to be invalid in a patent infringement action; be able to
Scientific development and technological during 2007 and generic versions of the obtain a licence to any third party patent on
innovation are crucial if we are to deliver product are now being sold in the US. Sales commercially reasonable terms; successfully
long-term market success. Patent protection of Toprol-XL in the US, which were $1,382m develop non-infringing alternatives on a
and other types of marketing exclusivity are in 2006, were down 30% in 2007 to $969m. timely basis; or be able to license alternative
important ways in which we create value from The more significant patent litigation relating non-infringing technology, if any exists, on
such development and innovation, but all to our products is described in Note 27 to commercially reasonable terms; and patent
patents and marketing exclusivity will eventually the Financial Statements. protection may not be available at all. If we were
expire. In the pharmaceutical market, a drug not successful during the patent protection or
or diagnostic or medical device is normally only In addition to generic manufacturers, the data exclusivity periods in maintaining exclusive
protected from competition from alternative research-based pharmaceutical industry has rights to market one or more of our major
products, for the same use, during the period become more aggressive in recent years in products, particularly in the US where we
of patent protection or marketing exclusivity. using intellectual property rights offensively as have our highest revenue and margins, our
Once patent protection or marketing exclusivity an additional basis for commercial competition revenue and margins would be significantly
has expired, the product is generally open between patented products. This has included adversely affected.
to competition from generic copy products. the use of patent litigation directed at relatively
ADDITIONAL INFORMATION

194 ASTRAZENECA ANNUAL REPORT AND FORM 20-F INFORMATION 2007


RISK CONTINUED

In addition to challenges to our patented patent protection will be broad enough to Debt-funding arrangements
products from manufacturers of generic or protect our intellectual property to the extent We incurred substantial debt in connection
other patented pharmaceutical products, to which we may receive protection under with the acquisition of MedImmune, Inc..
there is a risk that some countries, particularly other, more developed regimes. Limitations Our debt could affect our business flexibility
those in the developing world, may seek to on the availability of patent protection in certain and requires us to devote cash resources to
impose limitations on the availability of patent developing countries could have an adverse service interest and principal payments.
protection for pharmaceutical products, or effect on pricing and sales in respect of those Our current debt level could limit our ability
on the extent to which such protection may products and, consequently, could adversely to engage in additional transactions or incur
be obtained, within their jurisdictions. As a affect our revenues from those products in additional indebtedness and could potentially
result, generic manufacturers in these countries those countries, compared to countries affect our investment grade credit rating.
may be increasingly and more easily able to where patent protection is available.
introduce competing products to the market The risks of owning and operating
earlier than they would have been able to, Impact of fluctuations in exchange rates a biologics and vaccines business
had the patent protection been available. As a global business, currency fluctuations The acquisition of MedImmune, Inc. in 2007,
can significantly affect our results of operations, combined with the earlier acquisition of
Trade mark protection for our products is also which are accounted for in US dollars. Cambridge Antibody Technology Group plc
an important element of our overall product Approximately 49% of our 2007 sales were in 2006, accelerated our strategic aim of
marketing programmes. Combined with patent in North America (comprised of the US and building a major presence in biologics and
protection and other types of marketing Canada) with a significant proportion of that significantly increased the importance of
exclusivity, products protected by a valid trade figure being in respect of US sales. The US is, biologics within the Group. As a result,
mark usually generate higher revenues than and is expected to remain, our largest market. the risks related to owning and operating
those not protected by a trade mark. We believe Sales in certain other countries are also in a biologics and vaccines business are
that we have robust trade mark protection for US dollars, or in currencies whose exchange becoming more important to the Group.
our products. However, trade mark protection rates are linked to the US dollar. Major Some of the more significant of these risks
may be challenged by third parties. components of our cost base are, however, are described below:
located in Europe, where an aggregate of
Risk of expiration or earlier loss of approximately 55% of our employees are > We may have limited access to and/or
patents covering competing products based. Movements in the exchange rates supply of biological materials, such as
The expiration or earlier loss of patents used to translate foreign currencies into US cells or animal products or by-products.
belonging to other pharmaceutical dollars may therefore have a materially adverse In addition, government regulations in
manufacturers that cover branded products, effect on our financial condition and results multiple jurisdictions, such as the US and
which either compete directly against one of of operations. countries within the EU, could result in
our products or compete in the same therapy restricted access to, or transport or use
area or product class as one of our products, Certain of our subsidiaries import and export of, such materials. If we lose access to
could have a materially adverse effect on our goods and services in currencies other than sufficient sources of such materials, or if
financial condition and results of operations, their own working currency. The results of such tighter restrictions are imposed on the use
by allowing competing generic products to subsidiaries could, therefore, be affected by of such materials, we may not be able to
enter the market. currency fluctuations arising between the conduct research activities as planned and
transaction dates and the settlement dates for may incur additional development costs.
Failure to obtain patent protection those transactions. We hedge these exposures
It is our policy to apply for intellectual property through financial instruments. The fair value > The development, manufacturing and
protection for all inventions and innovations of financial instruments used to hedge these marketing of biological products are subject
created as a result of the investments in R&D exposures, principally forward foreign exchange to regulation by the US Food and Drug
throughout the Group. Obtaining adequate contracts and purchased currency options, Administration, the European Medicines
protection for the intellectual property at 31 December 2007 was $30m. We have Agency and other regulatory bodies. These
associated with our significant investment in policies that seek to mitigate the effect of regulations are often more complex and
R&D activities continues to be a key business exchange rate fluctuations on the value of extensive than those applicable to other
imperative. The range of protection includes foreign currency cash flows and in turn pharmaceutical products. As a result, the
patents, trade marks, design registrations, their effects on the results of the various regulatory review and oversight process may
copyright and domain name registrations. It is subsidiaries, but we do not seek to remove affect production and release schedules
therefore important to our success that we are all such risks. Further information is contained for biological products to a greater extent
able to obtain and enforce patents and other on page 85 (Financial Review). In general, than for other products. In addition, various
proprietary rights in relation to our products. a unilateral strengthening of the US dollar legislative and regulatory authorities are
adversely affects our reported results whereas considering whether an abbreviated approval
We operate in a number of different countries a weakening of the US dollar is generally process is appropriate for biosimilars or
in many of which the patent laws in the favourable. Exchange rate fluctuations may follow-on biological products (similar versions
pharmaceutical field are continually evolving. have a materially adverse effect on our of existing biological products). It is uncertain
As a result, we cannot be sure that, under financial condition and results of operations as to when, or if, any such process may
the applicable legal regimes, new inventions in the future. be adopted or how such a process would
will be patentable, that patents for which relate to intellectual property rights in
applications are now pending will be issued connection with marketed or pipeline
or reissued to us or that the scope of any biological products, but any such process
ADDITIONAL INFORMATION

ASTRAZENECA ANNUAL REPORT AND FORM 20-F INFORMATION 2007 195


RISK CONTINUED

could have a material effect on the future cost of pharmaceutical products. Certain market has recently experienced efforts to
commercial prospects for patented groups have been involved in exerting price introduce legislation such as the Pharmaceutical
biological products. pressure on pharmaceutical companies with Market Access and Drug Safety Act of 2007,
the aim of making medicines more affordable which would allow the commercial importation
> Manufacturing biological products, to those who need them. A summary of the of drugs into the US from selected countries
especially in large quantities, is often principal aspects of price regulation in our including some member states of the EU,
complex and may require the use of most important markets, such as the US, Canada, Australia, New Zealand, Japan and
innovative technologies to handle living the EU and Japan, is set out in the Sales Switzerland, by certain individual consumers,
micro-organisms. Manufacturing biological and Marketing section on page 31. pharmacies and drug wholesalers. There may
products requires facilities specifically The Geographical Review section on page be further pressure for the adoption of such
designed and validated for this purpose, 69 also contains references to how price legislation, particularly given the forthcoming
and sophisticated quality assurance and pressures are affecting our business. US presidential elections. The effects of any
quality control procedures are necessary. increase in the volume of this cross-border
Slight deviations anywhere in the In the US, as well as regulatory price pressure, movement of products could result in a
manufacturing process may result in lot realised prices are being depressed by materially adverse effect on our financial
failure, product recalls or spoilage due to pressure from managed care organisations condition and results of operations.
contamination or otherwise. and institutional purchasers, who use cost
considerations to restrict the sale of preferred We expect that pressures on pricing will
> The methods of distributing and marketing drugs that their physicians may prescribe, as continue and may increase. Because of
biological products could have a material well as other competitive activity. Such limited these pressures, there can be no certainty
impact on the revenue we are able to lists or formularies may force manufacturers that we will be able to charge prices for a
generate from the sales of products such either to reduce prices or be excluded from the product that, in a particular country or in the
as Synagis and FluMist. list, thereby losing all the sales revenue from aggregate, enable us to earn an adequate
patients covered by that formulary. In addition, return on our investment in that product.
Competition, price controls private health insurance companies and
and price reductions employers that self-insure have been raising Taxation
The principal markets for our pharmaceutical co-payments required from beneficiaries, The integrated nature of our worldwide
products are the Americas, the countries of particularly for branded pharmaceuticals and operations can produce conflicting claims from
the EU, Asia Pacific, India, China and Japan. biotechnology products, among other reasons, revenue authorities as to the profits to be taxed
These markets are highly competitive. to encourage beneficiaries to use generic in individual territories. The resolution of these
We compete in all of them, and elsewhere products. The increased use of strict formularies disputes can result in a reallocation of profits
in the world, against major prescription by institutional customers in response to the between jurisdictions and an increase or
pharmaceutical companies which, in many current cost-containment environment and decrease in related tax costs, and has the
cases, are able to match or exceed the increasingly restrictive reimbursement policies potential to affect our cash flows and earnings
resources that we have available to us, could result in a materially adverse effect on per share.
particularly in the areas of R&D and marketing our financial condition and results of operations.
investment. Some of our most important The majority of the jurisdictions in which we
products, such as Crestor, Seroquel and In the EU, efforts by the European Commission operate have double tax treaties with other
Symbicort, compete directly with similar to reduce inconsistencies and improve foreign jurisdictions, which enable us to ensure
products marketed by some of these standards and best practice in the disparate that our revenues and capital gains do not
companies. Industry consolidation has national regulatory systems have met with little incur a double tax charge. If any of these
resulted in the formation of a small number immediate success. The industry is, therefore, double tax treaties should be withdrawn
of very large companies and continued exposed to ad hoc national cost-containment or amended, especially in a territory where
consolidation could adversely affect our measures on prices and the consequent a member of the Group is involved in a taxation
competitive position, whilst continued cross-border movement of products from dispute with a tax authority in relation to
consolidation among our customers may markets with prices depressed by governments cross-border transactions, such withdrawal
increase price pressures. Increasingly, we also into those where higher prices prevail. or amendment could have a materially adverse
compete directly with biotechnology companies effect on our financial condition and results of
and companies that manufacture generic The importation of pharmaceutical products operations. Similarly, a negative outcome of a
versions of our products following the expiry or from countries where prices are low due to tax dispute or failure of tax authorities to agree
loss of patent protection or other marketing government price controls or other market through competent authority proceedings
exclusivity, which typically leads to a dramatic dynamics, to countries where prices for those could also have a materially adverse effect on
loss of sales and reduces our revenues and products are higher, may increase. The our financial condition and results of operations.
margins. Some of our patented products, accession of additional countries from Central
including Nexium, Crestor, Seroquel and and Eastern Europe to the EU may result in Risk of substantial product liability claims
Symbicort are subject to price pressure from significant increases in the parallel trading Given the widespread impact that prescription
competition from generic products in the of pharmaceutical products. Movements drugs may have on the health of large patient
same product class. of pharmaceutical products into the US, populations, pharmaceutical, biopharmaceutical
in particular from Canada into the US, may and medical device companies have, historically,
In most of the principal markets in which we increase despite the need to meet current been subject to large product liability damages
sell our products, there is continued economic, or future safety requirements imposed by claims, settlements and awards for injuries
regulatory and political pressure to limit the regulatory authorities. For example, the US allegedly caused by the use of their products.
ADDITIONAL INFORMATION

196 ASTRAZENECA ANNUAL REPORT AND FORM 20-F INFORMATION 2007


RISK CONTINUED

Product liability claims, regardless of their Environmental/occupational health Product counterfeiting


merits or their outcome, are costly, divert and safety liabilities Counterfeit medicines are a danger to patients
management attention, and may adversely We have environmental liabilities at some all over the world, as they may contain harmful
affect our reputation and demand for our currently or formerly owned, leased and third substances, the wrong dose of the active
products. Adverse publicity relating to the party sites, as described in more detail in pharmaceutical ingredient (API) or no API at all.
safety of a product or of other competing Note 27 to the Financial Statements. These The International Medical Products Anti-
products may increase the risk of product liabilities are carefully managed by designated Counterfeiting Taskforce (IMPACT) of the
liability claims. Litigation, particularly in the technical, legal and business personnel and World Health Organization (WHO) estimates
US, is inherently unpredictable and verdicts there is no reason for us to believe that that approximately 10 to 30% of medicines
and/or unexpectedly high awards of damages associated current and expected expenditure in emerging economies are counterfeit, with
can result. Substantial product liability claims and/or risks are likely to have a materially parts of Latin America, Asia and Africa
that result in court decisions against us or adverse effect on our financial condition and having a greater percentage than that range.
in the settlement of proceedings could have results of operations as a general matter, By contrast, in developed countries with
a materially adverse effect on our financial although they could, to the extent that they effective regulatory systems, counterfeits
condition and results of operations, particularly exceed applicable provisions, have a materially represent less than 1% of the market.
where such circumstances are not covered by adverse effect on our financial condition and
insurance. We are currently subject to product results of operations for the relevant period. In addition, undue or misplaced concern about
liability litigation in relation to Seroquel, and In addition, a change in circumstances the issue might induce some patients to stop
further details about this and all material legal (including a change in applicable laws or taking their medicines, with consequential risks
proceedings in which we are involved are set regulations) may result in such an effect. to their health. Also, public loss of confidence
out in Note 27 to the Financial Statements. in the integrity of pharmaceutical products as
Information about our approach to patient Nonetheless, a significant non-compliance or a result of counterfeiting could adversely affect
safety is set out in the Medicines section on incident for which we were responsible could our reputation and financial performance.
page 21. result in us being liable to pay compensation,
fines or remediation costs. In some We use a range of measures against counterfeit
Performance of new products circumstances, such liability could have medicines, and continue to develop such
Although we carry out numerous and a materially adverse effect on our financial measures, including through the following:
extensive clinical trials on all our products condition, reputation and results of operations.
before they are launched, for a new product In addition, our financial provisions for any > We are introducing technologies that make
it can be difficult, for a period following its obligations that we may have relating to it more difficult for counterfeiters to copy
launch, to establish from available data a environmental liabilities may be insufficient if our products.
complete assessment of its eventual efficacy the assumptions underlying the provisions –
and/or safety in broader clinical use on the including our assumptions regarding the > We conduct market surveillance and
market. Due to the relatively short time that portion of waste at a site for which we are monitor the supply chain to identify
a product has been tested and the relatively responsible – prove incorrect, or if we are potential counterfeiting operations.
small number of patients who have taken the held responsible for additional contamination.
product, the available data may be immature. > We respond rapidly to any reports of
Simple extrapolation of the data may not Developing our business counterfeit AstraZeneca medicines,
be accurate and could lead to a misleading in emerging markets working with regulators, healthcare
interpretation of a new product’s likely future The development of our business in emerging professionals, distributors, law enforcement
commercial performance. markets may be a critical factor in determining agencies and other organisations to
our future ability to sustain or increase the level protect patient interests.
The successful launch of a new pharmaceutical of our global product revenues. Challenges that
product involves a substantial investment in arise in relation to the development of the > We participate in a variety of anti-
sales and marketing costs, launch stocks and business in emerging markets include, but are counterfeiting forums in the public and
other items. The commercial success of our not limited to, competition from companies private sector, including the WHO’s IMPACT
new medicines is of particular importance to that are already present in the market, the need working group and the Pharmaceutical
us in order to replace sales lost as and when to correctly identify and leverage appropriate Security Institute.
patent protection ceases in major markets opportunities for sales and marketing, poor
for established marketed products. If a new protection of intellectual property, inadequate LEGAL/COMPLIANCE/REGULATORY RISKS
product does not succeed as anticipated or its protection against crime (including Risk of adverse outcome of litigation and/
rate of sales growth is slower than anticipated, counterfeiting, corruption and fraud) (further or government investigations and risk of
there is a risk that the costs incurred in details of which can be found below), insufficient insurance coverage
launching it could have a materially adverse inadvertent breaches of local law/regulation Note 27 to the Financial Statements includes
effect on our financial condition and results of and not being able to recruit sufficient personnel information about legal proceedings in
operations. In addition, for launch of products with appropriate skills and experience. which we are currently involved. Unfavourable
that are seasonal in nature, delays for regulatory The failure to exploit potential opportunities resolution of these and similar future
approval or manufacturing difficulties can have appropriately in emerging markets may have proceedings, including government
the effect of delaying launch to the next season a materially adverse effect on our financial investigations, competition and anti-trust
and significantly reduce the value of costs spent condition and results of operations. Information enquiries, investigations and litigation,
in preparing for the launch for that season. on the risks associated with the failure to product liability litigation and securities class
obtain patent protection can be found above. action law suits, may have a materially

You might also like