34 episodes

Weekly podcast exploring China's business and financial sectors from a legal perspective, brought to you by China Law & Practice. Hosted by Vincent Chow.

China Law Podcast China Law Podcast

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Weekly podcast exploring China's business and financial sectors from a legal perspective, brought to you by China Law & Practice. Hosted by Vincent Chow.

    Biopharma R&D under China's Strict Human Genetic Resources Regime – Tina Wu, Haiwen & Partners

    Biopharma R&D under China's Strict Human Genetic Resources Regime – Tina Wu, Haiwen & Partners

    Human genetic resources such as organs, cells, and tissue are crucial to the clinical trials that pharmaceutical multinationals conduct in order to get their products registered for use in China, whether it be a new drug or medical device. China's HGR regime was recently elevated to the level of a national statute for the first time when the PRC Biosecurity Law came into effect in April. Tina Wu discusses how China's HGR regulator has enforced strict HGR rules since 2019, including intellectual property co-ownership between foreign and Chinese parties and HGR exports.

    Read the in-depth article on China's HGR regime here, featuring insights from other experienced China life sciences lawyers.

    Tina Wu is a life sciences partner at Haiwen & Partners in Shanghai with more than ten years experience working on life sciences and healthcare matters, including IP licensing and regulatory approvals.

    The China Law Podcast is a weekly podcast exploring China’s business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes.

    Episode Outline

    01:16 Reduction in R&D activities in China
    06:12 Ambiguous data filing requirements
    08:43 Sensitive data categories
    10:57 Regulatory compromise for time-sensitive data
    12:30 Provision of HGR to foreign-invested entities
    13:41 Listing data recipients in master application
    15:58 Approval process for HGR materials export
    20:15 Multi-center clinical trials
    21:06 Patent co-ownership impact on R&D
    23:43 Negotiating IP use and transfer

    Related Content
    The Impact of China’s Human Genetic Resources Regime on Pharmaceutical MNCs

    Businesses Navigating Data Transfer Uncertainties by Balancing Compliance Necessity, Business Costs

    • 25 min
    Yum China's Secondary Listing in Hong Kong - Joseph Chan, Yum China

    Yum China's Secondary Listing in Hong Kong - Joseph Chan, Yum China

    With more than 10,000 restaurants in over 1,500 cities in China, Yum China is the biggest restaurant company in China, owning some of the most popular fast-food brands in the country including KFC and Pizza Hut. In 2020, it became the first restaurant company and the first non-TMT company to have a secondary listing in Hong Kong.

    Joseph Chan, Yum China’s Shanghai-based chief legal officer, discusses how the Hong Kong secondary listing was secured, navigating stricter compliance and disclosure requirements as a U.S. domestic issuer, and more. Read the full transcript of the interview here.

    The China Law Podcast is a weekly podcast exploring China’s business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes.

    Episode Outline

    01:06 CLO's main responsibilities and regulatory areas
    04:29 Experience in private practice and relevance today
    06:30 Challenges of secondary listing as a U.S. domestic issuer
    09:56 Convincing HKEX that Yum China is an "innovative" company
    12:55 Legal compliance work in a fast-paced environment
    15:08 Importance of cybersecurity and data privacy
    16:48 COVID-19 lessons

    Related Content
    In-House Insights: Legal Compliance for China’s Biggest Restaurant Company

    Key Policies Driving U.S.-Listed Chinese Companies’ Renewed Interest in Mainland China and Hong Kong Financial Markets

    The Outlook for the Mainland and Hong Kong Capital Markets in 2019

    • 19 min
    Key Implications of the UK's New CFIUS-Style Foreign Investment Regime for Chinese Investors

    Key Implications of the UK's New CFIUS-Style Foreign Investment Regime for Chinese Investors

    National security has driven reforms to foreign direct investment regimes around the world, including the United States, Australia, the EU and China. The U.K. is the latest major economy to join in on the act with its new National Security and Investment Bill, which will for the first time in the country’s history introduce a standalone foreign investment regime similar to the U.S. CFIUS review process. Roger Barron and Garrett Hayes discuss the ins and outs of the new regime: its scope and review timeline, the impact on M&A auctions and completed transactions, and recommendations for Chinese investors.

    Roger Barron is Paul Hastings' global vice chair for mergers and acquisitions based in London, who recently provided expert evidence to the U.K. parliament on the proposed National Security and Investment Bill. Garrett Hayes is a corporate partner at Paul Hastings based in London who has considerable experience in cross-border M&A, especially in the telecoms industry.

    The China Law Podcast is a weekly podcast exploring China’s business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes.

    Episode Outline

    01:29 Levels of Chinese investment in the U.K.
    02:38 Current investment regime under Enterprise Act of 2002
    03:34 Mandatory notification requirement for 17 sensitive sectors
    08:05 Potential disadvantage in M&A auctions
    10:28 Key considerations for voluntary filing
    13:42 Comparisons with CFIUS
    20:06 Information-gathering to sway sellers and regulators

    Related Content
    How Might the New UK Foreign Investment Regime Impact Chinese Investment?

    United Kingdom 2016 (English & Chinese)

    Chinese Investment in EU Enters Uncharted Territory with New Investment Screening Reforms

    • 27 min
    COVID-19 Litigation in China One Year On - Diane Peng, Fangda Partners

    COVID-19 Litigation in China One Year On - Diane Peng, Fangda Partners

    A year ago, the Supreme People’s Court issued three guiding opinions providing guidance to lower courts on a range of litigation and disputes issues arising from the COVID-19 pandemic. Diane Peng analyzes how the SPC's guidance has played out in litigation proceedings in practice; PRC courts' approach to foreign-related litigation in particular; and key takeaways from COVID-related cases she has worked on.

    For the full episode, click here to listen on Apple Podcasts and here for Spotify. This is the second part of our China Questions series exploring key issues surrounding litigation in China today.

    Diane Peng is a Beijing-based counsel at Fangda Partners, specializing in disputes, particularly international and foreign-related commercial arbitration and litigation.

    The China Law Podcast is a weekly podcast exploring China’s business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes.

    Episode Outline

    01:16 Force majeure claims and model cases
    04:55 Fairness principle applied to school fee dispute
    07:59 Suspended litigation proceedings pending authenticated document submission
    09:17 Counterparty challenges of document authenticity
    11:08 Travel restrictions impact on foreign witnesses/experts
    13:17 Online litigation platforms and their limitations

    Related Content
    China Question: How to Raise my Chances of Litigation Victory in China? Part I: Litigation Readiness

    Podcast #28: Litigation Readiness in China - What Lawyers, Business Need to Know

    • 16 min
    Advising on Entire Real Estate Lifecycles in China - Bobo Xu, Hongkong Land

    Advising on Entire Real Estate Lifecycles in China - Bobo Xu, Hongkong Land

    Hongkong Land is one of Asia’s leading property investment, management and development groups. The long-established real estate developer has a significant presence in mainland China, with an extensive and growing portfolio of commercial and residential projects, which attract some of the world’s biggest retailers and luxury brands. Bobo Xu, Shanghai-based general manager and head of legal for China at Hongkong Land, shares insights on advising on the whole lifecycle of real estate projects in China, navigating challenges posed by the pandemic, developing internal compliance mechanisms, and more.

    The Hongkong Land legal team was an honoree at the 2020 China Law & Practice Awards, under the In-house Team of the Year (International Company) category. Click here for an extended transcript of the interview with Bobo. 

    Episode Outline

    01:10 Hongkong Land's presence in mainland China
    01:38 The mainland China legal team's allocation around the country
    02:13 The head of legal's primary roles and responsibilities
    03:13 Rental reductions for tenants during COVID-19
    04:46 Standardizing contracts, procedures and evidence-keeping
    07:25 Civil Code impact and land bidding reform

    Related Content
    In-House Insights: Hongkong Land in China

    State Council, Decision on Authorizing and Delegating the Examination and Approval Authority of Land

    • 9 min
    Litigation Readiness in China: What Lawyers, Business Need to Know - Control Risks

    Litigation Readiness in China: What Lawyers, Business Need to Know - Control Risks

    The pandemic's impact on contracts and relationships between Chinese and foreign parties will be felt in the coming months and years as disputes slowly but surely develop into litigation and arbitration. Jessica Pyman and Mavis Tan discuss what lawyers and businesses need to know to prepare for litigation in China; conducting counterparty and fit to sue assessments on business partners; as well as the key information and analyses needed to inform litigation strategy.

    Jessica Pyman is Asia Pacific head of business intelligence at Control Risks, a risk consultancy. Mavis Tan leads the consultancy's forensics practice for Greater China and North Asia. 

    Find our China Questions article analyzing the key issues discussed here.

    Episode Outline


    03:46 Impact of the pandemic on China disputes
    05:30 Assessing political networks and modus operandi through counterparty assessment
    07:55 Information-gathering via litigation history, digital records
    10:09 Assessing financial standing and creditor base through fit to sue assessment
    13:54 Asset valuation strategies and litigation strategy
    16:52 Discovery of evidence, multijurisdictional litigation opportunities
    21:05 Forum shopping and data processing

    Related Content
    China question: How can I win the PR battle in litigation? 

    China question: How do I select the best court to hear my case?

    • 24 min

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Ron Vara ,

Good analysis

Well produced!

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