Infringement includes: the place of manufacture, use, promised sale, sale or import of the product accused of infringing the patent right of invention or utility model; The place where the patented method is used, and the place where the products directly obtained according to the patented method are used, promised to be sold, sold and imported; The place where the patented product of design is manufactured, sold and imported; The place where the act of counterfeiting others' patents is implemented; The place where the infringement result of the above-mentioned infringement occurs.
The plaintiff only brought a lawsuit against the manufacturer of the infringing product, but not against the seller. Where the place of production of the infringing product is different from the place of sale, it shall be under the jurisdiction of the people's court of the place of production; Where producers and sellers are sued as co-defendants, the people's court at the place of sale has jurisdiction.
The seller is a branch of the manufacturer, and if the plaintiff sues the manufacturer of infringing products for manufacturing and selling at the place of sale, it shall be under the jurisdiction of the people's court at the place of sale.
(2) Disputes over copyright infringement and trademark infringement shall be under the jurisdiction of the people's court of the place where the infringement was committed, the place where the infringing copy was stored, the place where it was seized or detained, or the place where the defendant lived.
The place where infringing copies are stored is the place where a large number of infringing copies are stored or hidden within a specified period; The place of seizure refers to the place where the customs, copyright and industrial and commercial administrative authorities seal up and detain infringing copies according to law.
In the case of copyright infringement disputes and trademark infringement disputes, the plaintiff may choose the people's court where one of the defendants committed the infringement to have jurisdiction over the lawsuits filed by multiple defendants in different places; The people's court in the place where the defendant committed the infringement only has jurisdiction over the lawsuit brought against one of the defendants.
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