Provisions on jurisdiction of intellectual property cases

Legal subjectivity:

1. Copyright civil disputes shall be under the jurisdiction of the intermediate people's court. This article embodies the hierarchical jurisdiction of the people's courts, that is, the first instance of copyright civil disputes is in the intermediate people's court and the second instance is in the higher people's court. Or in a grass-roots court designated according to law. 2. The people's courts at or above the intermediate level shall have jurisdiction over trademark civil disputes of first instance. Or in a grass-roots court designated according to law. 3. Patent dispute cases shall be under the jurisdiction of the Intermediate People's Court. 4. Territorial jurisdiction: Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Applicable Laws of Copyright restricts the application of territorial jurisdiction. That is, "the people's court of the place where the infringement is committed, the place where the infringing copy is stored or detained, and the place where the defendant has his domicile."

Legal objectivity:

The Supreme People's Court's Interpretation of Application Article 2 Patent dispute cases shall be under the jurisdiction of intellectual property courts, intermediate people's courts and basic people's courts designated by the Supreme People's Court. Maritime and maritime cases shall be under the jurisdiction of the maritime court. Article 28 of the Civil Procedure Law of People's Republic of China (PRC) shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile. Article 265 Where a lawsuit is brought against a defendant who has no domicile in the territory of People's Republic of China (PRC) due to a contract dispute or other property rights dispute, the contract is signed or performed in the territory of People's Republic of China (PRC), or the object of the lawsuit is in the territory of People's Republic of China (PRC), or the defendant has property that can be sealed up in the territory of People's Republic of China (PRC), or the defendant has a representative office in the territory of People's Republic of China (PRC). It may be under the jurisdiction of the people's court of the place where the contract was signed, the place where the contract was performed, the place where the object of litigation was located, the place where the property could be seized, the place where the infringement occurred or the place where the representative office was domiciled.