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1 ACC San Diego Chapter Biomedical and Technology Collaborations with Chinese Companies: Legal and Cultural Challenges October 2012

2 DLA Piper Overview Our Firm 4,200 lawyers in 77 offices and 33 countries Offer a wide range of global services Corporate and Finance Litigation and Arbitration Real Estate and Capital Markets Regulatory and Government Affairs IP and Technology Tax and International Tax Franchise and Distribution Employment, Pensions and Benefits Our Clients More than 140 of the Fortune 250 Mid-cap and small cap companies around the globe 2

3 DLA Piper in the Asia Pacific Region More than 700 lawyers in the Asia Pacific Lawyers in Australia, China, Hong Kong, Japan, Singapore and Thailand Local and internationally trained lawyers High-quality legal services and an understanding of global and local business requirements and cultural considerations Strong alliances and relationships with independent law firms throughout Asia 3

4 China and DLA Piper Team of over 200 fee earners across three offices in Beijing, Hong Kong and Shanghai Knowledge and understanding of the local laws and regulations of the People's Republic of China (the PRC) and the Hong Kong Special Administrative Region (SAR) Provide strategic, commercial and technical legal advice to clients on all aspects of doing business in and out of China Advise clients in a range of sectors, including technology, life sciences, sports, energy, insurance and retail Lawyers are fluent in English and individuals speak Putonghua and a wide range of Chinese dialects including Cantonese, Shanghainese, Taiwanese and others 4

5 DLA Piper Asia Recognition Ranked No. 1 in the world among Top 20 Global Law Firm (Law ). Ranked as a leading firm in China in Banking & Finance, Corporate M&A, Energy & Natural Resources (asialaw 2011) Ranked as a leading firm in China in Capital Markets, M&A, PEVC (IFLR ) Ranked as a leading firm in China in Banking and Finance, Corporate/M&A, Dispute Resolution, Employment, Projects & Energy, PEVC, Real Estate, Shipping, Tax & Trust (Asia Pacific Legal ) Recognized by as a top tier leading law firm in China in Banking & Finance, Capital Markets (Debts & Equity), Corporate M&A, Dispute Resolution, Employment, Insurance, Intellectual Property, Investment Funds, PEVC, Real Estate, Restructuring & Insolvency, Shipping, TMT: IT & Broadcasting, Tax (Chambers Asia Pacific 2011) ILO Client Choice Award Exclusive winner in the overall category of Hong Kong International Law Firm of the Year (ILO Client Choice Awards 2010) Deal of the Year (China Business Law Journal 2010) Best Cross-Border M&A Deal of the Year 2010 (Finance Asia 2010) Greater China Legal Advisor of the Year (Financial Times and mergermarket 2010) Global Franchise Law Firm of the Year (Who s Who Legal 2010) Awarded The Best Corporate Counselor of the Year 2010 Top Capital Magazine. VC/PE Foreign Fund Investment Legal Advisor of the Year and VC/PE-related Domestic M&A Market Legal Advisor of the Year in China Venture Capital & Private Equity Annual Ranking (Zero2IPO 2010) Best Corporate Practice Law Firm (Corporate Governance Asia ) 5

6 Representative Clients in China 6

7 China Markets Technology and Biotechnology Science and technology industries are an increasingly important focus for the Chinese government Chinese government has identified several top priority areas for development including: Energy Water and Mineral Resources Environment Agriculture Manufacturing Transportation Information Technology Social Medicine City Developments Public Safety National Defense Some developments in the biotech sector in China include: Genetic Engineering Commercial Production of Anticancer Drugs Traditional Chinese Medicine Foreign life science, technology and biotechnology companies must contend with lengthy approval processes to conduct their clinical trials 7

8 China s Mission Statements Technology and Biotechnology Biotechnology should be our focus that we catch up with the advanced level in future high-tech industry, and its applications should be strengthened in such fields as agriculture, industry, population and health, etc. Speech delivered by President Hu Jintao at the National Congress of Science and Technology,

9 China s Mission Statements Technology and Biotechnology We should try to seize the commanding elevation in biotechnology, and strengthen the application of BT in agriculture, industry, population, and health sectors, especially the research and development of grains and food safety, prevention of severe infectious diseases and innovation medicine. We should improve our capability of innovation and development levels in the related industries and secure the health of our people. Speech delivered by Premier Wen Jiabao at the National Congress of Science and Technology,

10 China Today Healthcare and Insurance Reform Source: Exolus; Ministry of Health, National Development and Reform Commission 10

11 China Today New Healthcare Institutions Source: Exolus; Ministry of Health, National Development and Reform Commission 11

12 China Today Big Pharma Production Operations in China Source: Exolus 12

13 China Today Big Pharma Migrating R&D Functions to China Source: Exolus 13

14 Central China Economy Development Zone in 12 th Five Years Plan in China (centered at Zhengzhou city, Henan Province) Central China (Zhengzhou city) Beijing Shanghai Shenzhen Yellow river Pingyuan New District Zhengzhou city Pingyuan New District Henan province 14

15 Biomedical Industrial Park in the Central China Economy Development Zone R & D center Incubator Pilot plants CRO, CMO Manufacturing Institution (CAS) R & D labs, Pilot plants started, building structure will be completed by the end of 2012 More than 700 acres of lands dedicated for development 15

16 China Growth and GDP Projections (World Bank) Source: Exolus, World Bank 16

17 Market Changes and Drivers Source: Exolus, Ministry of Health, KPMG 17

18 Market Changes and Drivers Con t. Source: Exolus 18

19 Trending in China Emerging Middle Class Source: Exolus; Urbanization Rates, Population based on UN, World Urbanization Prospects 2007; MGI Consumer Demand

20 Trending in China Growing Healthcare Expenditure Per Capita Source: Exolus; PWC, Prof. Wen Tiejun, Remin University of China 20

21 Trending in China 3 rd, 4 th, & 5 th Generation Global Strategies Source: Exolus 21

22 Doing Business in China Strategic Considerations Source: Exolus 22

23 Doing Business in China Clinical Trials Source: Exolus; PWC, The Changing Dynamics of Pharma Outsourcing in Asia (2008) 23

24 Doing Business in China Future Investment Source: Exolus; World Investment Prospects

25 Doing Business in China Foreign Investment Source: Exolus; China Statistical Yearbook 25

26 Pharmaceutical Market Projections Source: Exolus; IMS; GSK, Assessment of Opportunity for Pharmaceutical Manufacturers in Emerging Markets JMCP; Monitor Analysis 26

27 DLA Piper Lawyers Beni Surpin, Yan Zhao, Larry Nishnick Beni Surpin Partner 4365 Executive Drive, Suite 1100 San Diego, California T: F: Yan Zhao Partner 36/F, Shanghai World Financial Center 100 Century Avenue, Pudong Shanghai T: F:

28 DLA Piper Lawyers Beni Surpin, Yan Zhao, Larry Nishnick Larry W. Nishnick Partner 4365 Executive Drive, Suite 1100 San Diego, California T: F:

29 QUESTIONS

30 THANK YOU

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