Provisions on exclusive jurisdiction of patent infringement disputes

Disputes over proprietary technology infringement do not belong to exclusive jurisdiction, but to special jurisdiction. Exclusive jurisdiction refers to the lawsuit brought by the real estate dispute, which is under the jurisdiction of the people's court where the real estate is located; A lawsuit brought for a port operation dispute shall be under the jurisdiction of the people's court where the port is located; A lawsuit brought in connection with an inheritance dispute shall be under the jurisdiction of the people's court in the place where the decedent died or where the main heir lived. Specialized jurisdiction refers to the centralized jurisdiction of intellectual property courts over proprietary technology infringement.

legal ground

Article 33 of the Civil Procedure Law

The following cases shall be under the exclusive jurisdiction of the people's court as stipulated in this article:

(a) the lawsuit brought by the real estate dispute shall be under the jurisdiction of the people's court where the real estate is located;

(2) A lawsuit brought over a port operation dispute shall be under the jurisdiction of the people's court where the port is located;

(3) A lawsuit brought in connection with an inheritance dispute shall be under the jurisdiction of the people's court in the place where the decedent died or where the main heir lived.

Article 2 of the NPC Standing Committee's Decision on Establishing Intellectual Property Courts in Beijing, Shanghai and Guangzhou.

The Intellectual Property Court has jurisdiction over the first-instance civil and administrative cases of intellectual property rights with strong professionalism, such as patents, new plant varieties, layout design of integrated circuits and technical secrets.