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Andrew Sim

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Andrew Sim is a partner in Baker McKenzie's Hong Kong office and a member of the Firm's Intellectual Property and Technology Practice Group, where he leads the IP enforcement and litigation practice for Hong Kong. He is the Global Chair of the Plant Variety Rights Practice, which includes registration and enforcement of plant breeders' rights. Andrew also heads the Food and Beverage (F&B) Industry Practice Group in the Greater China region and advises on all F&B related areas, including consumer, regulatory, food safety, advertisements, franchising as well as internet laws and regulations.
In China

China: Supreme People’s Court decision clarifies that physical plant material can be a trade secret

by , and 12 Mins Read

On 2 November 2022, the Intellectual Property Tribunal of the Supreme People’s Court published its decision on the trade secret infringement case of Wuwei Bosheng Seed Industry Limited Company (Appellant) v. Hebei Huasui Seed Industry Limited Company. This case raised the untested question of whether parent material used in breeding can be protected as a trade secret in China.

In Trade and Foreign Investment

China: Revised Draft Regulations on the protection of new plant varieties issued for public comment

by , and 10 Mins Read

On 21 November 2022, the People’s Republic of China’s Ministry of Agriculture and Rural Affairs issued the revised draft of the Regulations of the People’s Republic of China on the Protection of New Plant Varieties, which is open for public comments until 22 December 2022. The revisions aim to align the Regulations with the revised PRC Seed Law, which has been effective since 1 March 2022, and which provides more detailed and wider protection for plant variety rights in China.

In Asia-Pacific

China: New Judicial Interpretation provides further guidance on the application of law in handling criminal cases endangering food safety

by and 7 Mins Read

On 1 January 2022, the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Food Safety came into effect. This supersedes the previous version that came into effect on 4 May 2013. The New Interpretation establishes a more sophisticated system of punitive damages in respect of food safety crimes.