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Portrait of Nicolas Zhu

Nicolas Zhu

Partner
Head of Lifesciences and Healthcare Sector Group, CMS China

CMS China
Shanghai Representative Office
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 18 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 17 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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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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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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05/04/2016
New GCP of Med­ic­al Devices
On 23 March 2016, the China Food and Drugs Ad­min­is­tra­tion (“CF­DA”) and Na­tion­al Health and Fam­ily Plan­ning Com­mis­sion (“NHFPC”) jointly is­sued the new Good Clin­ic­al Prac­tice of Med­ic­al Devices...
05/04/2016
China En­cour­ages In­nov­at­ive Drug by Modi­fy­ing Its Drug Clas­si­fic­a­tion Rules
Fol­low­ing the new rules of clas­si­fic­a­tion of med­ic­al devices ef­fect­ive as of 1st Janu­ary 2016, the China Food and Drug Ad­min­is­tra­tion (“CF­DA”) is­sued a cir­cu­lar re­gard­ing the re­form of chem­ic­al drug...

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06 May 2021
High­lights on New Reg­u­la­tions on Su­per­vi­sion and Ad­min­is­tra­tion of Med­ic­al...
On 18 March 2021, the State Coun­cil pro­mul­gated the Reg­u­la­tions on Su­per­vi­sion and Ad­min­is­tra­tion of Med­ic­al Devices (Re­vised in 2021), which will take ef­fect on 1 June 2021 (the "New Med­ic­al Device Reg­u­la­tions")...
30/04/2021
High­lights on New Reg­u­la­tions on Su­per­vi­sion and Ad­min­is­tra­tion of Med­ic­al...
On 18 March 2021, the State Coun­cil pro­mul­gated the Reg­u­la­tions on Su­per­vi­sion and Ad­min­is­tra­tion of Med­ic­al Devices (Re­vised in 2021), which will take ef­fect on 1 June 2021 (the "New Med­ic­al Device Reg­u­la­tions")...
20 April 2021
Nic­olas Zhu Con­trib­utes to China-France In­vest­ment Guide
Nic­olas Zhu, part­ner of CMS, China, to­geth­er with Xinyu Hu, the head of CMS France China Desk, have con­trib­uted to the guide "Do­ing Busi­ness in France" which was pub­lished by Busi­ness France re­cently...
09 December 2020
In­nov­at­ive De­vel­op­ment Plan of Im­ple­ment­ing Hong Kong or Ma­cao Mar­keted...
On 25 Novem­ber 2020, eight min­is­ters and au­thor­it­ies at na­tion­al level[1]is­sued the Work Plan for the In­nov­at­ive De­vel­op­ment of the Reg­u­la­tion of Drugs and Med­ic­al Devices in the Guang­dong-Hong Kong-Ma­cao...
9 December 2020
In­nov­at­ive De­vel­op­ment Plan of Im­ple­ment­ing Hong Kong or Ma­cao Mar­keted...
On 25 Novem­ber 2020, eight min­is­ters and au­thor­it­ies at na­tion­al level[1]is­sued the Work Plan for the In­nov­at­ive De­vel­op­ment of the Reg­u­la­tion of Drugs and Med­ic­al Devices in the Guang­dong-Hong Kong-Ma­cao...
04 December 2020
High­lights on Veter­in­ary Phar­ma­co­poeia (2020 Edi­tion)
On 26 Novem­ber 2020, the Min­istry of Ag­ri­cul­ture and Rur­al Af­fairs of the People’s Re­pub­lic of China (“MOA”) pro­mul­gated the Veter­in­ary Phar­ma­co­poeia of the People's Re­pub­lic of China (2020 Edi­tion)...
3 December 2020
High­lights on Veter­in­ary Phar­ma­co­poeia (2020 Edi­tion)
On 26 Novem­ber 2020, the Min­istry of Ag­ri­cul­ture and Rur­al Af­fairs of the People’s Re­pub­lic of China (“MOA”) pro­mul­gated the Veter­in­ary Phar­ma­co­poeia of the People's Re­pub­lic of China (2020 Edi­tion)...
02 November 2020
A New An­nounce­ment on the Loc­al Pro­duc­tion of Im­por­ted Med­ic­al Devices...
On 25 Septem­ber 2020, the Na­tion­al Med­ic­al Products Ad­min­is­tra­tion (“NMPA”) pro­mul­gated the An­nounce­ment on Mat­ters Con­cern­ing the Pro­duc­tion of Im­por­ted Med­ic­al Device Products by En­ter­prises with­in...
2 November 2020
A New An­nounce­ment on the Loc­al Pro­duc­tion of Im­por­ted Med­ic­al Devices...
On 25 Septem­ber 2020, the Na­tion­al Med­ic­al Products Ad­min­is­tra­tion (“NMPA”) pro­mul­gated the An­nounce­ment on Mat­ters Con­cern­ing the Pro­duc­tion of Im­por­ted Med­ic­al Device Products by En­ter­prises with­in...
08 July 2020
Cli­mate change tax­a­tion re­forms and in­cent­ives in China
1. Has your coun­try rat­i­fied the Par­is Agree­ment?  Yes. 2. Has your coun­try in­tro­duced en­vir­on­ment­al taxes? 2.1 En­ergy taxes En­vir­on­ment Pro­tec­tion Tax (EPT) has been in­tro­duced and the PRC EPT Law...
09 June 2020
Out­look on the New Stand­ards of Good Man­u­fac­tur­ing Prac­tice for Veter­in­ary...
On 21 April 2020, the Min­istry of Ag­ri­cul­ture and Rur­al Af­fairs of the People’s Re­pub­lic of China (“MOA”) is­sued the Stand­ard of Qual­ity Man­age­ment in the Pro­duc­tion of Veter­in­ary Drugs (2020 Re­vi­sions)...
6/9/2020
Out­look on the New Stand­ards of Good Man­u­fac­tur­ing Prac­tice for Veter­in­ary...
On 21 April 2020, the Min­istry of Ag­ri­cul­ture and Rur­al Af­fairs of the People’s Re­pub­lic of China (“MOA”) is­sued the Stand­ard of Qual­ity Man­age­ment in the Pro­duc­tion of Veter­in­ary Drugs (2020 Re­vi­sions)...