Winteam500 law group is one of the few law firms in China that specializes in setting up medical and health service teams. We are able to provide our customers with a wide range of “one-stop” medical and health legal services in medical, pharmaceutical, medical device and equipment, biotechnology, clinical trials, nutritional products, genetics, health products and other business areas. Deal with various legal issues related to the medical and health industry, including newly established medical and health legal entities of various forms and business nature, mergers and acquisitions in the health care industry, daily operations of medical and health companies, and corporate finance, restructuring, listing and restructuring in the medical and health field, intellectual property protection and related dispute resolution. As an expert in Chinese law, coupled with our international network and resources, Winteam500 law group will be your perfect partner in the healthcare field.
Establish new medical health legal entity
Select appropriate legal entity forms, including representative offices, domestic subsidiaries, branches, Sino-foreign joint ventures/cooperatives, wholly foreign-owned enterprises, etc.;
Carry out preliminary investigations to assist clients in selecting the ideal investment area and obtain the best investment treatment and conditions, including tax incentives, medical and health industry resources, etc.;
To liaise with the relevant government departments (such as the Food and Drug Administration, Development and Reform Commission, Commerce Department, Industry and Commerce Bureau, Environmental Protection Bureau, etc.) to confirm the approval process and prepare the application documents required for the establishment of a new entity;
Assist clients in obtaining special industry approvals for new medical and health legal entities, such as applying to the Food and Drug Administration for obtaining medical and health product production licenses and business licenses;
Assist clients in other approvals and registration procedures for new legal entities, such as obtaining approval from the National Development and Reform Commission, environmental approvals from the Environmental Protection Agency, and approvals from the business sector (applicable to foreign-invested enterprises), business licenses of the Trade and Industry Bureau, and taxation , foreign exchange management, customs and other relevant departments handle the follow-up registration / filing procedures;
Other legal services related to the establishment of new medical health legal entities.
[Healthcare mergers and acquisitions]
Assist customers in selecting the ideal potential partners and conduct preliminary evaluation of partners;
Combine the customer's development strategy and actual situation to assess and determine the transaction structure and funding arrangements, including the form of mergers and acquisitions;
Adjust the transaction structure based on the due diligence results of the target company and the client's risk appetite to achieve the client's investment objectives;
Conduct legal due diligence on the target company and issue a legal due diligence report, especially on regular survey information, conduct special investigations on special information involving medical and health companies, such as medical health product registration approval, patent certificate, distribution model, distribution channel Regional and sales teams, product pricing, bidding procedures and documents;
Assist clients in merger negotiations and prepare transaction documents, including framework agreements, equity transfer/asset purchase agreements, amendments to the constitution, joint-venture contracts/shareholders agreements, etc.;
Prepare merger and acquisition declaration materials to assist clients in obtaining relevant government approvals for mergers and acquisitions;
Such as mergers and acquisitions to meet China's anti-monopoly reporting requirements, assist clients in drafting anti-monopoly declaration files, communicate with the Anti-Monopoly Bureau of the Ministry of Commerce, and submit anti-monopoly declarations; and, if necessary, assist clients to divested related assets to complete mergers and acquisitions transactions;
Assist customers in completing the changes in the relevant approval documents and licenses for medical and health companies, such as the change of pharmaceuticals/medical devices/health food production/operating licenses;
Provide relevant legal services for the delivery of M&A projects and transition integration after delivery.
[Daily operation of medical and health companies]
Provide legal consulting services for domestic and overseas medical and health companies to conduct clinical trials in China, such as assisting companies in selecting CROs, coordinating cooperation with CROs, drafting, and reviewing clinical trial-related legal documents, such as contracts with companies and CROs, confidentiality agreements, Clinical trial contracts, etc., to assist in the preparation of relevant legal documents for obtaining clinical trial approvals from the Food and Drug Administration;
Assist domestic and foreign medical and health companies to complete the registration/registration of domestic and imported medical and health products in China, such as obtaining domestic/imported drug registration certificates, medical device registration certificates, health food registration certificates, etc., and conduct legal consultations on the relevant license issues involved;
Assist customers in completing the licensing/recording procedures required for the import and export of goods such as medical and health products and pharmaceutical equipment;
Advice medical and health companies on product packaging, labeling, and label compliance in China;
Advice on the commissioned production, commissioned processing, licensed production, sub-packaging, etc. of medical and health products;
Advice medical and health companies on market development in China and internationally;
Provide legal services for the distribution and circulation of medical and health products, including the drafting of standard distribution contracts;
Advice clients on the promotion and publicity of medical and health products in China, including the promotion of medical representatives and the compliance of medical and health product advertisements;
Advice pharmaceutical production companies or R&D institutions on drug technology transfer and licensing (new drug technology transfer, drug production technology transfer), etc., including the drafting of a transfer contract, supplementary declarations to the drug regulatory agency, etc.;
Advice on the anti-commercial bribery issues involved in healthcare companies;
Provide labor compliance legal counseling for medical and health companies, including drafting and reviewing labor agreements such as labor contracts and training agreements, as well as internal labor rules and regulations such as employee handbooks and employee code of conduct, and related to hiring and dismissal of employees of medical and health companies and mergers and acquisitions Staff placement programs and labor dispute resolution provide legal services;
Advice on the tax planning and taxation issues of medical and health companies;
Other legal services related to the daily operations of medical and health companies.
[Healthcare financing, restructuring, listing and reorganizing]
Provide legal services for bank financing of medical and health companies, including designing financing plans, drafting and reviewing loan agreements, guarantee contracts, etc.;
Provide legal services for the restructuring of medical and health enterprises and internal restructuring, including restructuring of public hospitals (institutions), changes in the nature of non-operating medical institutions, restructuring of shareholding systems, and restructuring of employees;
Provide legal services for equity financing of medical and health companies, including initial public offerings (IPOs, including domestic and overseas listings such as A-shares, H-shares, and N-shares) and private equity financing;
Design executive and employee incentive programs for healthcare companies, including equity incentive plans;
Provide legal services for the financing of corporate bonds issued by domestic and foreign medical and health companies;
Provide refinancing services for stocks and/or debts for medical and health listed companies, including issuance of new shares, rights issues, corporate bonds, etc.;
Provide legal services for the acquisition and/or asset restructuring of listed companies for medical and health companies, and provide legal advice on public disclosure of information, regulatory operations, and other corporate governance issues of listed companies;
Provide legal services for the bankruptcy, liquidation and reorganization of medical and health companies.
[Medical and health intellectual property protection]
Conduct intellectual property due diligence investigation and protection strategy planning for medical and health companies, and review rewards and reward systems for service inventions;
Assist medical and health companies to declare and obtain intellectual property rights such as proprietary technology, patents, trademarks and copyrights related to medical and health products;
Provide legal services on the transfer of medical and health enterprises, licensing technology and other intellectual property rights, as well as design reasonable intellectual property ownership arrangements, and make full use of the preferential tax policies related to the intellectual property system and tax rates in cross-border transactions;
Advice medical and health companies on the protection of trade secrets and know-how, including assisting medical and health companies in formulating and improving internal intellectual property protection systems, drafting confidentiality agreements between managers and employees, and competition restrictions agreements;
Provide medical examination and branding services for medical and health enterprises, provide professional advice on the numbering of patents on product packaging, and guide companies to use trademarks;
Provide legal services on intellectual property lawsuits and related dispute resolution of medical and health companies;
Provide other legal services for the protection and management of intellectual property rights of medical and health companies.
[Medical health dispute resolution]
Advice health care companies on business decisions or decisions that may trigger litigation;
Advice medical and health companies on various risks in production and operations, such as commercial bribery risks and product liability risks;
Represent clients in dispute resolution procedures such as arbitration, mediation and litigation, including assisting clients with various disputes and disputes in the medical and health field, including but not limited to: disputes between doctors and patients, disputes between medical and health companies and consumers, medical accidents, Adverse drug reaction disputes, disputes between investigators and subjects during clinical trials of medical and health products;
Act for clients perform enforcement of arbitral awards and enforcement of other effective legal instruments at all levels of courts.