manufacturing update, page-14

Hi pogues

I have been doing a bit of independent research on this whole issue.

Yep. I imagine you are referring to this statement from July last year:

"The Administrator subsequently asked that EMS confirm that the Administrator has the rights to dispose of the manufacturing rights. EMS has never disputed HC Berlin Pharma’s entitlement to the Manufacturing rights and advised that the rights to disposal are as set out in the License Agreement."


I believe it is important to separate the issue into two parts. Who has the rights, and whether the holder of the rights has performed their obligations.

IMO EMS are playing the correct game by not disputing that Berlin Pharma have the rights to manufacture, based on the agreement that was signed at the time.

But given that BP have not satisfied their obligations under these rights (bc they dont have a plant to undertake any manufacturing) then my assumption is that the license agreement is null and void and therefore the rights go back to EMS.

As to when this can officially take place probably depends on the administrator of BP.

Either way, my assumption is that EMS will ultimately get the rights back and they know this and are doing the prudent thing in advancing the manufacturing program with a new party.