Health check

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Good health is a cornerstone for all kinds of achievements, and this remains true for individuals, commercial organizations or even whole economies. The March issue of China Business Law Journal provides a legal checkup at various levels.

CBLJ 1603 ProloguePanacea or problem? explores whether investors are finding the right approach to capitalize on soaring growth in China’s health-related industries, as the country’s aging population and growing middle class mean more Chinese are seeking better medical services and products. The game rules are different for the healthcare, pharmaceuticals and life science sectors, and they will all be changeable for some time, as the state is busy upgrading measures to regulate the strong growth of these industries. The State Council recently issued new rules chiefly intended to streamline the approval for new drugs, ensure the quality of generic drugs, and encourage domestic research and innovation.

Despite efforts to ease the burden, sectors closely related to public well-being will always be well regulated, and the cost-effective management of various legal issues is critical to survival in these highly competitive industries. Corruption and anti-monopoly rules may be the biggest issues, but smaller details in daily operations can also cause headaches.

China’s appetite for energy and resources is enormous, but now it seems it is eating healthier. Power hungry looks for Chinese investor footprints in both traditional and renewable energy resources worldwide. Experts say they are paying closer attention to global renewable energy assets. Developed regions such as Europe and North America are favoured destinations, but emerging markets including India, Indonesia and Pakistan have drawn much Chinese interest in renewables. Be it traditional or clean energy, the industry is subject to heavy regulation due to its strategic importance. Regulatory frameworks vary across jurisdictions, and can be complex. This article reviews the legal risks in the hot spots for Chinese investment.

The health of a company’s internal working dynamics is crucial to its survival. In Special brew, Tom Yu, the legal director from Anheuser-Busch InBev China, shares his experience about internal communication issues. Corporate counsel are legal experts, he says, but they should be more than that. Solid understanding of business concerns should be the priority before discussion with business teams on possible legal risks and solutions. Rather than blaming the business teams for causing problems, he says in-house counsel should recognize the chances to build up their credit and reputation within their company.

In any company, insider fraud is an internal disease that may go unnoticed until it becomes terminal. Cancer at the core warns that foreign companies in China are particularly vulnerable to fraud committed by key senior managers, who can often call the shots. The article provides best practice tips to help companies mitigate risk and potential damage, such as strong whistleblower programmes.

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