1. The place where the act of manufacturing, using, promising to sell, selling and importing the product accused of infringing the patent right of invention and utility model is carried out;
2. 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;
3, design patent products manufacturing, sales, import and other acts of implementation;
4. Places where counterfeiting other people's patents is carried out.
5. The place where the infringement result of the above-mentioned infringement occurred.
How does the court determine the place of infringement?
A lawsuit brought for infringement shall be under the jurisdiction of the court in the place where the infringement occurred or the defendant's domicile. Unless otherwise provided by law, the general provisions on the jurisdiction of tort disputes shall not apply to the litigation for damages brought by railway, highway, water and aviation accidents, or the litigation for damages brought by ship collision or other maritime damage accidents.
The Civil Procedure Law and relevant judicial interpretations have made many provisions on the jurisdiction of infringement disputes, with the following points as the key points:
1, determination of the place of infringement:
The place of infringement includes the place where the infringement occurred and the place where the infringement result occurred.
2. Jurisdiction over product quality disputes:
The people's courts in the places where the products are manufactured, sold, infringed and the defendant's domicile have jurisdiction over lawsuits brought by unqualified products that cause property or personal injury to others.
3, the determination of the jurisdiction of the right of reputation cases:
A case of infringement of the right of reputation shall be under the jurisdiction of the court in the place where the infringement is committed or where the defendant has his domicile.
4, determine the jurisdiction of copyright infringement cases:
(1) A lawsuit brought for copyright infringement shall be under the jurisdiction of the people's court in the place where the infringement was committed, where the infringing copy was stored, where it was sealed up or detained, or where the defendant was domiciled.
(2) In a lawsuit brought by several defendants involving different infringement sites, the plaintiff may choose that the infringement of one defendant shall be under the jurisdiction of the court where the younger brother is located; The tort of a lawsuit brought against only one of the defendants shall be under the jurisdiction of the people's court of the younger brother.
(3) The place where infringing copies are stored refers to the place where a large number of infringing copies are stored or hidden; The place of sealing up or detaining refers to the place where the customs, copyright and industrial and commercial administrative authorities seal up or detain infringing copies according to law.
5, the jurisdiction of patent infringement cases:
(1) A lawsuit brought for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile.
(2) The plaintiff only brought a lawsuit against the manufacturer of the infringing product, but not against the seller. Where the place of manufacture of the infringing product is inconsistent with the place of sale, it shall be under the jurisdiction of the people's court of the place of manufacture; 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 manufacturing. 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.
6. Trademark infringement cases:
A civil action brought for infringement of the exclusive right to use a registered trademark shall be under the jurisdiction of the people's court of the place where the infringement occurred, the place where the infringing goods were stored, the place where they were detained or the place where the defendant lived.