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FSIA and Trade Secrets
Visits by numerous employees of a wholly-owned business entity of a foreign government to various places of business in the United States in conjunction with commercial transactions for American equipment protected by trade secrets can mean a sufficient nexus for jurisdictional purposes under the Foreign Sovereign Immunities Act, the United States Court of Appeals for the Eighth Circuit held on August 25, 2005 in BP Chemicals Ltd. v. Jiangsu SOPO Corporation (Group) Ltd., docket number 04-1814.
In passing, the court noted that the nexus required by the commercial activities exception to the FSIA, defined in 28 USC §1603(e) as substantial contact, may imply personal jurisdiction under the constitutional minimum contacts doctrine.
The court also confirmed that the plaintiff needs to demonstrate an American nexus only with one element of the allegations of violations of a trade secret which constitutes the substance of BP's complaint against the Chinese business entity. See also Akihiro Matsui, Intellectual Property Litigation and Foreign Sovereign Immunity: International Law Limit to the Jurisdiction over the Infringement of Intellectual Property.
- Clemens Kochinke, Berliner, Corcoran & Rowe, LLP, Washington, DC.
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