Provisions of the Supreme People's Court on the Jurisdiction of Intellectual Property Courts in Beijing, Shanghai and Guangzhou Article 1 The intellectual property courts shall have jurisdiction over the following cases of first instance within their municipal districts:
(a) patents, new plant varieties, integrated circuit layout design, technical secrets, computer software civil and administrative cases;
(two) administrative cases involving copyright, trademark rights, unfair competition and other administrative acts formulated by the the State Council Municipal Department or the local people's governments at or above the county level;
(3) Civil cases involving the identification of well-known trademarks.
Article 2 Judgment of Guangzhou Intellectual Property Court on Article 1 of these Provisions in Guangdong Province
(1)
Cases specified in Item (3) shall be subject to cross-regional jurisdiction.
Article 3 Beijing, Shanghai Intermediate People's Court and Guangzhou Intermediate People's Court will no longer accept civil and administrative cases of intellectual property rights.
Other intermediate people's courts in Guangdong Province no longer accept Article 1 of these Provisions.
(1)
(3) The circumstances specified in item.
The basic people's courts in Beijing, Shanghai and Guangdong Province will no longer accept the cases mentioned in Article 1 of these Provisions.
(1)
(3) The circumstances specified in item.
Article 4 The subject matter of a case includes not only the first paragraph of Article 1 of these Provisions.
(1)
(3) If the contents specified in Item (3) contain other contents, the jurisdiction shall be determined in accordance with Articles 1 and 2 of these Provisions.
Article 5 Beijing Intellectual Property Court shall have jurisdiction over the following administrative cases of first instance:
(a) refuses to accept the ruling or decision made by the relevant departments of the State Council on the authorization of intellectual property rights such as patents, trademarks, new plant varieties and layout design of integrated circuits;
(2) Refusing to accept the compulsory licensing decision of patents, new plant varieties and layout design of integrated circuits and the ruling of compulsory licensing fees or remuneration made by the relevant departments in the State Council;
(3) Refusing to accept other administrative acts made by the the State Council department involving the authorization and confirmation of intellectual property rights.
Article 6 An appeal case brought by a party who refuses to accept the first-instance civil or administrative judgment or ruling of intellectual property rights such as copyright, trademark, technology contract and unfair competition made by the municipal grassroots people's court where the intellectual property court is located shall be tried by the intellectual property court.
Article 7 An appeal case brought by a party who refuses to accept the judgment or ruling of the intellectual property court of first instance and a case that applies to a higher court for reconsideration according to law shall be tried by the intellectual property court of the higher people's court where the intellectual property court is located.
Article 8 The basic people's court of the province (municipality directly under the Central Government) where the intellectual property court is located has accepted the case before the establishment of the intellectual property court, but has not yet concluded the case in the first paragraph of Article 1 of these Provisions.
(1)
The cases specified in Item (3) shall continue to be tried by the basic people's courts.
Except Guangzhou Intermediate People's Court, other intermediate people's courts in Guangdong Province have accepted but not yet concluded the provisions of the first paragraph of Article 1 before the establishment of Guangzhou Intellectual Property Court.
(1)
The cases specified in Item (3) shall continue to be tried by the Intermediate People's Court.
The above are the provisions of the Supreme Law on the jurisdiction of intellectual property rights, hoping to provide you with some help. Intellectual property rights in China include patents, trademarks and copyrights. In practice, for different intellectual property disputes, the specific jurisdiction courts may be different.
Legal basis:
Article 2 of the Supreme People's Court's Interpretation of Application.
Patent dispute cases are under the jurisdiction of intellectual property courts, intermediate people's courts and grassroots people's courts determined 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)
A lawsuit brought for infringement shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile.
Article 265
If a lawsuit is brought against a defendant who has no domicile in People's Republic of China (PRC) due to a contract dispute or other property rights dispute, and the contract is signed and performed in People's Republic of China (PRC), or the object of the lawsuit is in People's Republic of China (PRC), or the defendant has property available for seizure in People's Republic of China (PRC), or the defendant has a representative office in People's Republic of China (PRC), the lawsuit can be filed by.