Notes From The China Desk

In a bombshell ruling in SnapRays v. Lighting Defense Group, case no. 2023-1184 (May 2, 2024), an appellate panel from the U.S. Federal Circuit determined that an accused infringer could haul its accuser—the patentee—into the federal district court of the infringer’s home state, despite the patentee not having initiated any contact with the accused or any contacts with that state.

With the release of the 2021 Negative List for the Market Entry of Foreign Investment[1] (“2021 Negative List”), which went into effect on January 1, 2022, China’s policy on foreign investment became clear—foreign companies may invest in unrestricted industries or invest passively according to the restrictions in Chinese law. 

On April 12, 2021, the General Administration of Customs (GAC) of the People’s Republic of China (PRC or China) released two orders related to the import of food products into China: Order 248 and Order 249 (collectively, the Orders). Both Orders will take effect on January 1, 2022. Taken together, the Orders require numerous participants in the supply chain for import of food products to China to register with the GAC and to comply with PRC food safety laws and regulations. 

Those who follow legal trends in the People’s Republic of China have become accustomed to government agencies taking actions in specific industries or related to particular business activities in the period around major meetings or events. 

On January 9, 2021, in its first order of 2021, the Ministry of Commerce of the People’s Republic of China issued Measures on Obstructing the Unjustified Application of Foreign Laws and Measures (《阻断外国法律与措施不当域外适用办法》) on the basis of the PRC National Security Law. The Blocking Measures came into effect the same day.