On September 11, 2024, the U.S. Department of Commerce’s (Commerce) Bureau of Industry and Security (BIS) published a proposed rule in the Federal Register that would require quarterly reporting by organizations, companies, and corporations organized in the U.S. (including branches outside the U.S.) if they plan to either engage in artificial intelligence (AI) model training
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Treasury Releases Text of Proposed Rule to Regulate Semiconductor Manufacturing, AI, and Quantum Investments in China
On June 21, 2024, the U.S. Department of the Treasury’s (Treasury) Office of Investment Security released proposed language for the Outbound Investment Security Program (hereafter, the Proposed Rule).
China and Hong Kong Expand Protections Over State Secrets
China recently enacted a revision to the PRC Law on Guarding State Secrets, and shortly after Hong Kong followed suit when it passed the Safeguarding National Security Ordinance.
China Adds Additional Entities to the Unreliable Entity List
On May 20, 2024, the PRC Ministry of Commerce (MOFCOM) announced the inclusion of three U.S. companies on its unreliable entities list over sales of arms to Taiwan. We discussed the implementation of the Unreliable Entity List here. The move mimics similar designations in February 2023, which we wrote about here, and follows…
Initiating an Informal Dispute on Amazon's Platform was Sufficient to Subject a Patentee to Personal Jurisdiction in Accused Infringer’s Home State!
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…
Mainland-HK Interim Measures Arrangement in Aid of Arbitration: Latest Developments
On March 8, 2024, the Hong Kong International Arbitration Centre (HKIAC) released statistics on applications it processed under the Arrangement Concerning Mutual Assistance in Court-Ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and the Hong Kong Special Administrative Region (Arrangement) since the Arrangement came into effect on October 1,…
Mainland and Hong Kong to Expand Scope of Recognition of Judgments
The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and the Hong Kong Special Administrative Region (2019 Arrangement) will come into effect simultaneously in Mainland China (Mainland) and Hong Kong Special Administrative Region (HKSAR) on January 29, 2024.
China’s CAC Changes Course on Cross-Border Transfers with Draft Regulations
On September 28, 2023, the Cyberspace Administration of China (CAC) published Regulations to Standardize and Promote Cross-Border Data Flows (Draft for Comments) (the Draft Regulations). In current form, the Draft Regulations appear to clarify and walk back the requirements from prior regulations, including the Data Transfer Security Assessment Measures (Security Assessment Measures) and the Standard…
China’s Amended Civil Procedure Law Expands Jurisdiction Over Foreign Disputes
In early September 2023, the Standing Committee of the National People’s Congress adopted an amendment to China’s Civil Procedure Law (the Amendment). The Amendment will go into effect on January 1, 2024. The Amendment provides clarity and legal justification for Chinese courts to assert jurisdiction over foreign-related cases that involve Chinese individuals or specific subject…
Proposed Reforms in the GEM Listing Regime
To revitalise GEM listing activities which have significantly declined since 2019, The Stock Exchange of Hong Kong Limited has published its consultation paper on September 26, 2023 to seek market responses to its proposals for reforms in the GEM listing regime.