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Portrait ofNicolas Zhu

Nicolas Zhu

Partner
Head of Lifesciences and Healthcare Sector Group, CMS Hasche Sigle Shanghai Representative Office (Germany)

CMS, China
CMS Hasche Sigle Shanghai Representative Office (Germany)
3108 Plaza 66 Tower 2
1266 Nanjing Road West
Shanghai 200040
China
Languages Chinese, French, English

Nicolas Zhu’s practice covers all aspects of corporate, intellectual property and other matters affecting Life Sciences and Healthcare clients. He has been advising clients on issues in relation to corporate and commercial law, merger and acquisition, patent rights, trademark protection, product liability, distribution agreements and dispute resolution. He also has a solid knowledge and experience on tax restructuring and planning and transfer pricing issues.

Nicolas has over 20 years experience of advising foreign companies and foreign invested companies in China, especially European companies, such as hospitals, pharmaceutical, medical devices, cosmetics and consumer goods companies.

Nicolas has been practicing with CMS since 2002. Before joining CMS, he worked at the Shanghai office of a French law firm as well as a leading Chinese law firm.

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Relevant experience

  • Advising a French pharmaceutical company on the establishment of a representative office, strategy of the establishment of a veterinary trading company and clinics in China. 
  • Advising a manufacturer & distributor of dental anaesthesia products on the acquisition of a domestic pharmaceutical trading company in China, on medical device counterfeiting actions and trademark portfolio, and domain name management and disputes in China. 
  • Advising the world's largest maker of dreaded flu shot on biopharmaceutical product liability cases with various local courts, hospitals and centres for disease control and prevention. 
  • Advising a multinational pharmaceutical and cosmetics company on the establishment of a management company in China. 
  • Advising a research-based global pharmaceutical company on regulatory due diligence of the acquisition of a pharmaceutical company in China.
  • Advising a famous French bio-pharmaceutical company on product liability litigations and disputes in cooperation with/against Chinese hospitals and local Centers of Disease Control.
  • Advising a global medical devices company on the restructuring of Chinese subsidiaries. 
  • Advising the International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) on the implementation of patent rights in China.
  • Advising a leading European biomedical company on patent licensing and technology transfer relating to the acquisition and restructuring of a China based biochemistry and medicine manufacturer. 
  • Advising one of Europe’s largest chemical and pharmaceutical companies on the sale of a chemical business section including several PRC subsidiaries to another multinational company in China. 
  • Advising a world leading manufacturer of seamless steel tubes and specific tubular products for industrial applications in France on transfer pricing documentation preparation.
  • Advising a global leader in aerospace, defense and related services industry on transfer pricing documentation.
  • Advising a leading provider of make-up, skincare and perfume packaging solutions to grocery stores and manufacturers headquartered in Europe on a series of tax issues.
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Publications

  • Panacea or problem? | China Business Law Journal
  • Steps to promote innovation in China’ s health industry | e-Health Law and Policy.
  • Acquisition d'une société en Chine-nouveautés à prendre en compte | Fusions and Acquisitions Magazine.
  • Manufacturing Practices Upgrade Could Offer Opening for Global Companies | Interviewed by Bloomberg BNA.
  • Drug Commodity Name Protection – A Pitfall in China's New Revised Trademark Law | Bloomberg BNA.
  • China's drug price reforms: Much of the same? | China Law and Practice.
  • La Chine et la France ont signe une nouvelle convention fiscale-Quels changements en attendre (China and France Signed New Double Taxation Treaty) | Option Finance.
  • A warning for foreign hospitals | China Law & Practice.
  • Doctor on Call: Reformers Dail-up Dose of Telemedicne | Interviewed by GBI.
  • Not so free zone | Interviewed by China Law & Practice.
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Education

  • 2005 – Passed PRC Bar Exam
  • 2001 – LL.B. from East China University of Political Science and Law
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Feed

11/01/2024
2024 – Topics that may Concern You
In China, companies constantly have to deal with changes in regulations and new laws. This will also continue in 2024. Topics such as update to the PRC Company Law, adapting Joint Ventures in accordance...
05/01/2024
Measures for Supervision and Administration of the Quality of Drug Supply...
To implement the Drug Administration Law of the PRC, a draft version of the Measures for Supervision and Administration of Drug Supply was publicized in September 2019 for public opinion. After that...
05/01/2024
Measures for Supervision and Administration of the Quality of Drug Supply...
To implement the Drug Administration Law of the PRC, a draft version of the Measures for Supervision and Administration of Drug Supply was publicized in September 2019 for public opinion. After that...
08/08/2023
Circular on the Work Relating to the Implementation of GB 9706.1-2020 and...
The National Medical Products Administration (“NMPA”) issued the Circular on the Work Relating to the Implementation of GB 9706.1-2020 and Supporting Concurrent Standards and Special Standards (No...
08/08/2023
Circular on the Work Relating to the Implementation of GB 9706.1-2020 and...
The National Medical Products Administration (“NMPA”) issued the Circular on the Work Relating to the Implementation of GB 9706.1-2020 and Supporting Concurrent Standards and Special Standards (No...
21/07/2023
CMS International Patent Litigation Guide
Patented technology often ranks among a company's most valued as­sets. Pro­tect­ing your business from patent in­fringe­ment – or defending yourself against patent infringement claims of third parties – can be a complex and intensive process. CMS International Patent Litigation Guide (4th edition) is your essential tool to get an overview of the options and pathways to enforce patents in the courts of 18 major jurisdictions. Drawing on the expertise of CMS patent law specialists, this essential and fully-updated guide provides clear and concise coverage of patent infringement proceedings and practice. For each jurisdiction, you can quickly assess and compare critical issues such as:Standing - Who is entitled to sue for patent infringement, the number of parties that can be included in proceedings and time limits in which infringement claims must be boughtTiming and Forum – Where proceedings are brought, typical duration of trials and the handling of FRAND/compulsory licenses in court pro­ceed­ing­sEvid­ence – Use of expert witnesses, disclosure requirements and rules on seizure of evid­ence/doc­u­ment­s­Ap­peals – Routes, grounds and timings for appeal – and the potential interim enforcement of first instance de­cisionsCosts – Estimated legal costs, appeal costs and recoverability of litigation costsIn addition, the CMS International Patent Litigation Guide covers topics like Alternative Dispute Resolution, Remedies and Injunctions – and your CMS Patent Law team in each market. For dedicated information on the enforcement of European Patents before the Unified Patent Court please also visit our CMS UPC Insight  webpage.
06/03/2023
Provisions on the Supervision and Administration of Drug Market Authorization...
The National Medical Products Administration (“NMPA”) promulgated the Provisions on the Supervision and Administration of Drug Market Authorization Holder Implementation of the Main Re­spons­ib­il­ity...
01/03/2023
Provisions on the Supervision and Administration of Drug Market Authorization...
The National Medical Products Administration (“NMPA”) promulgated the Provisions on the Supervision and Administration of Drug Market Authorization Holder Implementation of the Main Re­spons­ib­il­ity...
28/02/2023
Administrative Regulations on Enterprise Implementation of the Main Re­spons­ib­il­ity...
The National Medical Products Administration (“NMPA”) promulgated the Provisions on the Supervision and Administration of Enterprise Implementation of the Main Responsibility of Medical Device Quality...
28/02/2023
Administrative Regulations on Enterprise Implementation of the Main Re­spons­ib­il­ity...
The National Medical Products Administration (“NMPA”) promulgated the Provisions on the Supervision and Administration of Enterprise Implementation of the Main Responsibility of Medical Device Quality...
19/12/2022
2023 - Topics that may Concern You
2022 has been a challenging year. In addition to the continuing impact of COVID-19 and the recent relaxation measures in China, the war in Ukraine has also brought impacts on society, politics and businesses...
19/12/2022
2023 – Topics that may Concern You
2022 has been a challenging year. In addition to the continuing impact of COVID-19 and the recent relaxation measures in China, the war in Ukraine has also brought impacts on society, politics and businesses...