The globalization of food supply chains, population growth, increased consumer scrutiny and technological advances over the last decade have underscored the need for specific regulatory changes in the food industry. This is particularly relevant for Asia, where analysts predict the purchasing power and middle-class population of Asia Pacific will surpass that of the US and Europe combined by 2030. Our first Food Law Guide prepared by our Sydney office in 2018 laid an exceptional foundation for this current updated version, which now covers 12 jurisdictions across Asia Pacific, including Korea. The guide provides a summary of food law regulations.

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.

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.

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.