34 ASIAN LEGAL BUSINESS CHINA • 亚洲法律杂志-中国版 SEPTEMBER 2023 TMT clarification in response to misleading or maliciously slanderous information. Gao states, “Recently, we have encountered numerous false allegations, and our customers have been subjected to malicious attacks, some of which may even involve organized infringement activities. We will respond firmly to these attacks to protect the legitimate rights and interests of our users and ourselves, and to promote the healthy growth of the industry.” “On the other hand, China’s smart EV industry stands at a critical juncture of development, with numerous challenges ahead. NIO advocates for a healthy, positive, and transparent public discourse environment, enabling all stakeholders to channel more energy and resources into technological advancements and delivering superior products and services,” adds Gao. It is evident that the roles performed by the in-house teams of these new car manufacturers go beyond traditional expectations. As Lin aptly describes it, “The depth and breadth of legal services required in this industry are unparalleled in history. This industry touches upon various legal aspects, with the most prominent ones being investment and financing, intellectual property, competition, data compliance, energy infrastructure, corporate and user relations, as well as public relations and communication.” Significantly, though named as “corporate and user relations” and “public relations and communication,” these domains encompass aspects traditionally associated with after-sales, customer service, and public relations departments. Lin elaborates, “In fact, as new energy smart vehicles evolve into a type of technology and internet product, we soon realize that users have become the key determinant of a product’s success or failure in a short period. This represents a critical distinction from the traditional auto industry. Simultaneously, media and self-media outlets also wield significant influence. Hence, the demand for legal services in these two areas becomes exceptionally important, setting the new energy smart vehicle industry apart from the traditional auto sector. Clients highly value such legal services.” For this reason, Lin believes that external lawyers serving EV companies should adopt an open-minded approach and actively assist clients in effectively managing six types of “external relations” that are of particular concern to them. These include their relationships with competitors, the capital market, regulators, upstream and downstream stakeholders, the media, and users. BROADER PROSPECTS According to Gao, NIO’s in-house team, consisting of nearly 100 members, engages in a wide range of business activities, legal domains, and jurisdictions. They manage over one million legal matters and contracts annually, with expectations of an even higher workload in the future. “The pivotal next-stage developments in the new energy vehicle industry encompass digital cockpits, smart driving, and other intelligent applications, necessitating synchronized progress in supporting laws and regulations. It’s encouraging to witness substantial efforts from relevant government agencies, research institutions, and our industry peers on these fronts,” states Gao. He further adds, “The NIO Institute of Legal Innovation has partnered with Tsinghua University Law School to conduct comprehensive research on autonomous driving, covering areas like data compliance, tort liability, insurance, intellectual property, as well as moral and ethical considerations. We anticipate the emergence of more laws, regulations, standards, and best practices in the near future.” To match the pace of development in smart applications, NIO requires its in-house team to evolve into a highly forward-thinking unit with deep research capabilities. Gao emphasizes, “Each team member must be capable of supporting forward-looking research, iteration, and innovation, displaying a commitment to continuous learning to better support business development. Concurrently, NIO organizes staff training both domestically and internationally, encompassing subjects like data compliance, 2023年前5个月，中国新能源 汽车产量、销量分别完成300.5万辆 和294万辆，同比分别增长45.1%和 46.8%。 “4月举办的2023上海车展上， 新能源汽车是几乎所有品牌新车发 布的主旋律，电动化、智能化是主流 和趋势。”“造车新势力”之一的蔚来 公司副总裁、全球总法律顾问高岗先 生介绍道。 累计超1500台整车在上海车展 集中亮相，其中三分之二为新能源汽 车，最热门的展台都集中于新能源， 传统汽车制造巨头的新车发布也都 是已交付或即将交付的量产电动车。 火爆的背后，有国家政策的支 持。“财政部、税务总局、工业和信息 化部等多个部门出台了优化新能源 汽车车辆购置税减免政策，对于蔚来 等车电分离的换电车型，将不对电池 征收车辆购置税。”高岗补充道，政府 层面还从充电基础设施建设、新能源 汽车下乡、农村地区新能源汽车服务 管理等层面入手，推动产业发展，多 个地方政府也推出了当地的特殊补 贴政策和充电设施管理办法。 北京市道可特律师事务所管理 合伙人林蔚律师在本科时学习电气 工程，参与了电动汽车的实验研究， intellectual property, dispute resolution, corporate governance, and more.” In-house departments within EV companies, known for setting high standards, naturally seek external partners who are equally proficient. Wang from NIO shared with ALB that the ideal external lawyers serving EV companies should possess business knowledge, exhibit business acumen, and even proactively identify potential issues that the company might not have anticipated. These expectations align closely with Lin’s guidance to fellow legal professionals: “Lawyers aspiring to make their mark in this trillion-dollar industry can focus on enhancing themselves in four key areas: cultivating deep legal expertise, developing a profound understanding of clients’ technologies, aligning closely with clients’ commercial requirements, and fostering positive publicity for their clients.”
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