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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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Education

  • 2005 – Passed PRC Bar Exam
  • 2001 – LL.B. from East China University of Political Science and Law
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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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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 (“New GCP”). This New GCP will re­place the Pro­vi­sions on
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 re­gis­tra­tion clas­si­fic­a­tion on 4 March 2016 (“Cir­cu

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