Quinn Emanuel Urquhart & Sullivan, LLP (JD Supra China)

On January 9, 2021, the Chinese Ministry of Commerce (the “MOFCOM”) promulgated a new regulation, titled the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (the “Counteracting Rules”), which came into effect immediately. As elaborated below, this regulation will likely have major impacts on multinational companies that conduct or used...

Since being declared to be a Public Health Emergency of International Concern by the World Health Organisation on 30 January 2020, the coronavirus disease known as COVID-19 has spread to over 30 countries (as at the date of this alert). In addition to its tragic impact on public health, the spread of COVID-19 has led to significant and increasing negative impacts on commercial operations in China

The first two weeks of February - which followed on from the original public holiday period for the Chinese New Year - have seen numerous Chinese businesses unable to resume manufacturing, or unable to take shipments of exports. As the spread of the coronavirus outbreak continued, and likewise its severity remained insufficiently determined, many levels of government across China ordered delays...

China is probably now the third most important (after the United States and Germany) venue for patent prosecution and enforcement, and it is critical for companies doing business there to understand how the system works. Patent applications in China have exploded in recent years. In 2018, approximately 1.54 million patent applications were filed with the recently renamed and restructured China...

Cybersecurity and “Cyber Sovereignty” in China. “Without cybersecurity, there is no national security,” according to China’s President Xi Jinping, who in recent years has asserted the country’s “cyber sovereignty” over the operation of the internet within its borders. The Cybersecurity Law of the People’s Republic of China (“CSL”)—“enacted for the purposes of protecting cybersecurity,...

In Huawei Technologies, Co., et al. v. Samsung Electronics Co., et al., Case No. - 3:16-cv-02787 (N.D. Cal. Apr. 13, 2018), Judge William H. Orrick issued an antisuit injunction barring Huawei from enforcing two injunction orders issued by a Chinese court against our client Samsung. The Intermediate People’s Court of Shenzhen had found Samsung infringed two Chinese patents that Huawei declared

China adopted its controversial Cybersecurity Law on November 7, 2016. The law, which will take effect on June 1, 2017, has broad implications for how multinational companies operate in China. The law addresses a number of issues, including requiring certain companies to pass national security reviews, store user and business data in mainland China, and to provide technical support to Chinese...

On September 30, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in In re Vitamin C Antitrust Litigation, No. 13-4791-cv, reversing a $147 million judgment against Chinese vitamin C manufacturers on international comity grounds. The Second Circuit held that the district court should have given deference to an amicus brief filed by the Chinese Government stating that the

In recent months, Chinese anti-monopoly enforcement actions scrutinizing and penalizing pricing-related issues have noticeably increased. A growing number of foreign companies in consumer-facing industries have received significant penalties for setting pricing restrictions—usually minimum resale prices—on contractual counterparties down the supply chain. A particular target of the enforcement...

The past quarter has been an active one for Chinese government enforcement activities, and the year ahead promises more of the same. Recent developments include: the strengthening of Chinese bribery laws, increased action against and investigation of StateOwned Enterprises and their private sector business partners, further publication of Administration of Industry and Commerce (AIC) enforcement...

In 2010, the People’s Republic of China (“PRC”) enacted two laws that together will substantially affect all civil litigation in China – and, in particular, product liability litigation regarding foreign entities. The Law of the Application of Law for Foreign-Related Civil Relations of the PRC (“the Choice of Law Statute”) covers almost all aspects of the application of law in foreign-related...