Nicolas Zhu

Nicolas Zhu

Head of Lifesciences Sector Group, CMS China

CMS China
Shanghai Representative Office
2801 Plaza 66 Tower 2
1266 Nanjing Road West
Shanghai 200040
Languages Chinese, French, English

Nicolas Zhu’s practice covers all aspects of corporate, intellectual property and other matters affecting Lifesciences 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 14 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, China for more than 13 years. 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

  • A French pharmaceutical company on the establishment of a representative office, strategy of the establishment of a veterinary trading company and clinics in China. 
  • 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. 
  • 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. 
  • A multinational pharmaceutical and cosmetics company on the establishment of a management company in China. 
  • A research-based global pharmaceutical company on regulatory due diligence of the acquisition of a pharmaceutical company in China.
  • A famous French bio-pharmaceutical company on product liability litigations and disputes in cooperation with/against Chinese hospitals and local Centers of Disease Control.
  • A global medical devices company on the restructuring of Chinese subsidiaries. 
  • The International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) on the implementation of patent rights in China.
  • 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. 
  • 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. 
  • A world leading manufacturer of seamless steel tubes and specific tubular products for industrial applications in France on transfer pricing documentation preparation.
  • A global leader in aerospace, defense and related services industry on transfer pricing documentation.
  • 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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  • 2005 – Passed PRC Bar Exam
  • 2001 – LL.B. from East China University of Political Science and Law
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  • 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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Nicolas Zhu is a partner of the CMS Shanghai office. Before joining CMS Shanghai office in 2002, he worked in the Shanghai office of a French law firm as well as a leading Chinese law firm. He mainly advises on Corporate Law, Intellectual Property Law and Product Liability Law. His main expertise is in the fields of merger and acquisition, intellectual property prosecution and enforcement and dispute resolutions in railway, automotive and pharmaceutical industries. He studied at the East China Institute of Politics and Law (1997-2001), holds a L.L.B. (Bachelor in Law) in economic law and was admitted to the PRC bar in March 2005.

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New GCP of Med­ic­al Devices
China In­sight - Lifes­ci­ences
China En­cour­ages In­nov­at­ive Drug by Modi­fy­ing Its Drug...
China In­sight - Lifes­ci­ences


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Ex­ten­sion of Pi­lot Peri­od of MAH Hold­er Sys­tem
China In­sight - Life Sci­ences
Ex­ten­sion of pi­lot peri­od of MAH Hold­er Sys­tem
Fol­low­ing the pro­mul­ga­tion of the De­cision of the Stand­ing Com­mit­tee of the Na­tion­al People’s Con­gress on Au­thor­iz­ing the State Coun­cil to Carry out the Pi­lot Drug Mar­ket­ing Au­thor­iz­a­tion Hold­er Sys­tem in Cer­tain Re­gions and Rel­ev­ant Is­sues on Novem­ber 4, 2015.
Tax avoid­ance in a glob­al­ised world
New Trends: Re­form to Drugs and Med­ic­al Devices in China
On 8 Oc­to­ber 2017, the Gen­er­al Of­fice of the State Coun­cil is­sued the Opin­ions on Deep­en­ing the Re­form of the Eval­u­ation and Ap­prov­al Sys­tem and En­cour­aging the In­nov­a­tion of Drugs and Med­ic­al Devices(“Opin­ions”).
New Cir­cu­lar Fur­ther En­han­cing the De­vel­op­ment of the...
China In­sight - Life Sci­ences
Up­com­ing CF­DA In­spec­tion on Class I and Class II Med­ic­al Devices Man­u­fac­tur­ers
The China Food and Drug Ad­min­is­tra­tion (“CF­DA”) is­sued a new cir­cu­lar on 1 Septem­ber 2017 (Shi Yao Ji­an Ban Xie Ji­an (2017) No. 120), namely Cir­cu­lar re­lated to the Work for Im­ple­ment­ing Med­ic­al Devices Man­u­fac­tur­ing Qual­ity Man­age­ment Stand­ards to Class I and.
Régle­ment­a­tion Des Dis­pos­i­tifs Médi­caux En Chine 2017...
New Cir­cu­lar Fur­ther En­han­cing the De­vel­op­ment of the Mar­ket Au­thor­iz­a­tion...
The China Food and Drug Ad­min­is­tra­tion (“CF­DA”) pro­mul­gated a new cir­cu­lar (2017) No. 68 re­lated to the pro­mo­tion of a drug mar­ket au­thor­iz­a­tion hold­er re­gime (“MAH Re­gime”) work on 21 Au­gust 2017 (“New Cir­cu­lar”).
Opin­ion on Fur­ther Ex­pand­ing the Con­sump­tion in the...
China In­sight - Life Sci­ences
Ex­pect­a­tion of a Faster Growth of Health Food in Near Fu­ture
The Ad­min­is­trat­ive Meas­ures for the Re­gis­tra­tion and Re­cordal of Health Food (“Meas­ures”) ad­op­ted and pro­mul­gated by China Food and Drug Ad­min­is­tra­tion ("CF­DA") on 4 Feb­ru­ary 2016 have come in­to force on 1 Ju­ly 2016.
Sup­ple­ment­ary Rules Pro­mul­gated re­gard­ing Ap­plic­a­tion...
China In­sight - Lifes­ci­ences
Ex­pect­a­tion of a Faster Growth of Health Food in Near Fu­ture
The Ad­min­is­trat­ive Meas­ures for the Re­gis­tra­tion and Re­cordal of Health Food (“Meas­ures”) ad­op­ted and pro­mul­gated by China Food and Drug Ad­min­is­tra­tion ("CF­DA") on 4 Feb­ru­ary 2016 have come in­to force on 1 Ju­ly 2016.