Job Description:
Legal Counsel - Sales & Marketing
Pharmaceutical Industry

Our client is a major pharmaceutical company seeking a legal counsel with an excellent academic record and pharmaceutical industry experience. The purpose of the role is to responsibly, pro-actively and efficiently facilitate the business by efficiently managing and servicing the legal, corporate, commercial, intellectual property (IPR), litigation and other legal requirements of the division, complying with Group legal protocol and Group legal strategy. Carry-out and manage the legal compliance requirement of the division as well as full responsibility for the signed agreement depository.
Responsibilities:

Financial:
• Budgeting and cost conscious strategy and scrutiny of all activities;
• Legal cost saving to company.

Customer Service:
• Follow-up, resolve and close all queries in the shortest possible time frame within policy framework.

Commercial Agreements:
Responsible for drafting and vetting of complex corporate/commercial agreements including inter alia:
• Sale of business, sale of shares, sale of assets, license, building and construction, supply, distribution, manufacturing, service level, software license, software maintenance and services, strategic alliance agreements, new product development, advertising agency agreements, sales and marketing, royalty agreements, trademark assignments, credit agreements;
• Where required, manage active agreements for the purposes of identifying the Group’s rights and obligations in terms of these agreements;
• Manage execution process of agreements through to filing in the depository.

Legal Opinions – Legal Solutions:
• Identify the risk profile of the allocated companies with regards to exposure in, inter alia commercial agreements and offering solutions;
• Provide solution orientated general commercial and other legal opinions so as to facilitate business;
• Comment on behalf of industry in respect of new and amended legislation and regulations;
• Update the group with legislative amendments and recommend and oversee implementation of any necessary changes;
• Advise on Labour Law requirements and principles.

Intellectual Property:
Such as but not limited to:
• Manage, advise and initiate all trademark, copyright and patent infringements and/or oppositions;
• Manage all ‘passing off’ matters.

Litigation:
Such as but not limited to:
• Decide on litigation process to be followed, prospects of success and whether to proceed;
• Manage litigation process;
• Manage Advertising Standards Authority complaints process and hearings including preparing response thereto;
• Determine the correct approach to litigious matters by assessing and analyzing the merits of each matter;
• Decision making / risk call on and advising on proceeding or settling the matter – in the best interests of Pharmacare.

Signed Agreement Depository:
Including but not limited to:
• Ensure the safekeeping of all signed Aspen original agreements in a sound, orderly and efficiently retrievable manner;
• Ensure Group-wide, controlled electronic access to electronic copies of all of the signed Aspen original agreements;
• Document and ensure Group-wide adherence to the agreement depositing obligations;
• Manage administrative staff.

Legal Due Diligence:
Such as but not limited to:
• Responsible for contract audits and legal due diligences in respect of potential mergers, acquisitions and disposals;
• Prepare final report on outcome of the audits for the Board.

Legal Reporting to Group Legal Officer:
Such as but not limited to:
• Prepare and submit monthly legal reports indicating activity and manage targets against such;
• Prepare litigation reports and submit same;
• Legislative Compliance and reporting to Group Compliance Officer:
• Hold the role of Regional Compliance Officer and Regional Ethics Officer;
• Prepare compliance reports and checklists;
• Manage adherence to the compliance framework of the Group;
• Keep up to date with legislation – examine changes / industry trends and changes, raise awareness, of changes and implementation of legislation in South Africa.

Learning & Growth:
• Gather information about development needs;
• Negotiate training and development with the Group Legal Officer;
• Identify, propose and implement learning solutions according to ongoing personal and team development plans;
• Encourage best practice to ensure expertise. Co-ordinate upskilling and multi-skilling in line with staff development;
• Ensure development of staff.
* 5 - 7 years' legal experience in a results-driven corporate/commercial or legal environment
* Relevant law degree
* Commercial knowledge and experience (ESSENTIAL)
* Excellent academic track record (ESSENTIAL)
* Pharmaceutical industry experience (ESSENTIAL)
* Reporting to and exposure to executives

Knowledge:
• Knowledge of South African Law;
• Legislation, Litigation and Legal Practice management;
• Knowledge of business;
• Corporate Governance knowledge;
• Knowledge of IP (trademarks, patents, Advertising Standards Authority) is an advantage;
• Pharmaceutical Industry knowledge or exposure is an advantage.

Competencies:

Business:
• Performance Driven;
• Accountability/ Ownership.

People:
• Deals with Ambiguity/ Embraces Change;
• Communicates Effectively.

Self:
• Continuously grows and develops;
• Contributes special Expertise .

Skills and Attributes:
• Not negotiable excellent English writing and speaking skills;
• Contract drafting and communication skills;
• Positive facilitating uncomplicated team approach;
• Ability to close matters in shortest possible time;
• Time management and keeping;
• Problem solving with a bias towards action;
• Analytical skills;
• Solutions orientated; with an ability to deal with set-backs;
• Service orientation;
• Robust interpersonal skills; with an uncomplicated personality;
• Computer literacy;
• Communication skills;
• Planning and negotiation skills;
• Conflict resolution;
• Budgeting;
• Listening skills;
• Decision-making skills;
• Ability to deal with uncertainty – seeking remaining detail;
• Initiative;
• Confidentiality;
• Customer focused;
• Patience;
• Influence;
• Attention to detail;
• Ability to see ‘big picture’;
• Logical thinking;
• Strategic planning and implementation;
• Regularly Adaptable;
• Tenacity;
• Accuracy; and corporate governance ethos;
• Ability to manage staff effectively;
• Willingness and ability to effortlessly take instructions and follow predetermined processes when called upon to do so.
• Full day on site position, may need additional hours should an urgent matter arise.
TBA