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Introduction
In the introduction of their book, “Making Enterprise Risk Management Pay Off: How
Leading Companies Implement Risk Management”, authors Barton, Shenkir, and Walker state in
no uncertain terms that, “a business that cannot manage its key risks effectively will simply
disappear” (Barton, Shenkir, & Walker, 2002, p. 1). Indeed, in an increasingly uncertain
economy, stakeholders expect companies to identify and manage business risk in order to
increase profitability and control volatility in the marketplace. No force has created more
uncertainty in the marketplace like that of technology, and, more specifically, the field of
systems, living organisms, or derivatives thereof, to make or modify products or processes for
specific use (Somsen, 2005). As of 2010, the United States has the largest number of
biotechnology firms (6,213 firms) and had spent USD 22, 030 million PPP on biotechnology
research and development (OECD, 2011). Medical Biotechnology, more specifically, is the
largest component of the biotechnology industry. Key product areas include biological drugs,
vaccines, and in-vitro diagnostics, primarily designed as treatments for cancers, infectious
diseases, auto-immune conditions, HIV/AIDS, and other diseases for which no effective
treatments exist (Somsen, 2005). For all countries combined, 51% of firms are active in Medical
Biotechnology (OECD, 2011). Given this activity level, along with its very long product
development cycle, high financial investments and multifaceted risk environment, legal risk
exposures in the biotechnology field are heightened. Vanderbyl & Kobelak eloborate:
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AD613 Assignment 3
considered the norm. The opportunity for high-profit levels is what currently drives the
industry and sustains investment even in the backdrop of the elevated risk. In order to
break down industry barriers and decrease failure rates, biotechnology companies require
Developing a risk management plan for the medical biotechnology industry is fraught
with a number of challenges. First, biotechnology business is about innovation, and due diligence
relating to patents and other forms of intellectual property are a critical consideration. Secondly,
biotechnology firms are very capital-intensive and have an extremely lengthy turnaround time
from R &D to the market place, increasing the amount of risk in comparison to other technology
ventures. Additionally, health and environmental risk factors are accentuated because the
industry deals with matters that affect the medical conditions of human beings. Lastly,
biotechnology-related data analysis relies heavily on the use of IT, and this opens the industry up
to a variety of different risk factors (Spedding, 2009). It has been my experience that
bodies for the purpose of maintaining standardization within the industry. Besides having the full
support of upper management, adopting a proven methodology is one of the key success factors
The Plan
The U.S. Department of Health and Human Services, Food and Drug Administration
(FDA) is the primary regulatory body of the medical biotechnology industry. The FDA provides
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AD613 Assignment 3
Therefore, the FDA’s best practices can be used as framework for implementing a system-wide
risk management plan. This plan should allow for the assessment, control, communication and
review of risks to the quality of the drug product across the product lifecycle. The assessment
steps outlined by the FDA include risk identification, analysis, and evaluation. The control
segment consists of risk reduction and acceptance. Finally, the review stage includes a thorough
review of risk events and lessons learned (U.S. Department of Health and Human Services, Food
and Drug Administration, 2006). A comprehensive risk assessment is an essential aspect of the
plan, as “it highlights how an issue might cause company performance to vary from its business
plans, identifies the external risks that affect the viability of the business model and addresses the
internal risks that can affect the execution of the business model” (Vanderbyl & Kobelak, 2008,
p. 163). In order to establish a sound and robust risk management process, there must be an
appropriate buy-in to the risk assessment model by all levels within the organization, thereby
establishing a holistic and integrated risk management framework at the corporate level
(Spedding, 2009).
Conclusion
The need to evolve a structured and proactive legal risk management framework is an
an understanding of the fact that no ‘one size fits all ’approach exists in risk management.
Therefore, “it is important that businesses operating in the biotechnology sector have in place
risk management processes which are appropriate for their individual risk profile, operational
References
Barton, T. L., Shenkir, W. G., & Walker, P. L. (2002). Making enterprise risk management pay
off. FT Press.
www.oecd.org/science/innovationinsciencetechnologyandindustry/49303992.pdf
Somsen, J. (2005). Regulating modern biotechnology in a global risk society: Challenges for
Spedding, L. S. (2009). The due diligence handbook: corporate governance, risk management
Vanderbyl, S., & Kobelak, S. (2008). Risk management for the biotechnology industry: A
U.S. Department of Health and Human Services, Food and Drug Administration. (2006). Q9