I. Provisions on the jurisdiction of intellectual property courts
20 14 the Supreme People's Court issued the rules on jurisdiction of intellectual property courts in Beijing, Shanghai and Guangzhou. According to the regulations, the intellectual property court has jurisdiction over the following cases of first instance within its jurisdiction:
1, patents, new plant varieties, layout design of integrated circuits, technical secrets, civil and administrative cases of computer software;
2. Administrative cases in which administrative actions such as copyright, trademark rights and unfair competition are brought against the State Council departments or local people's governments at or above the county level;
3. Civil cases involving the identification of well-known trademarks.
Two. Regional jurisdiction of intellectual property cases in different places
1. Which people's court shall the patent infringement dispute be brought to?
A patent infringement dispute case shall be accepted by the court in the place where the infringement occurred or the defendant's domicile. 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 infringing products is different from the place of sale, the people's court of the place of production has the right to accept it; Where producers and sellers are sued as co-defendants, the court at the place of sale has the right to accept the case. The seller is a branch of the manufacturer. If the plaintiff accuses the manufacturer of manufacturing and selling infringing products at the place of sale, the court at the place of sale has the right to accept it.
2. Which people's court should the copyright infringement dispute be brought to?
Disputes over copyright infringement may be accepted by the people's court of the place where the infringing act is committed, the place where the infringing copy is stored, the place where it is detained or the place where the defendant has his domicile. 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. If several defendants bring lawsuits in different places where the infringement is committed, the plaintiff may choose one of the people's courts where the defendant commits the infringement to have jurisdiction; The people's court in the place where the defendant infringes has the right to accept the lawsuit filed against only one defendant.
3. Which people's court should the trademark infringement dispute be brought to?
A trademark infringement dispute case may be accepted by 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. The place where infringing goods are stored is a place where a large number of infringing goods are stored or hidden within a specified period; The place of seizure refers to the place where the customs, industry and commerce and other administrative organs seal up and detain infringing goods according to law. If several defendants bring lawsuits in different places where the infringement is committed, the plaintiff may choose one of the people's courts where the defendant commits the infringement to have jurisdiction; The people's court in the place where the defendant infringes has the right to accept the lawsuit filed against only one defendant.
4. Which people's court should the software copyright infringement dispute be brought to?
Cases of infringement disputes involving computer network copyright shall be under the jurisdiction of the people's court where the infringement occurred or where the defendant has his domicile. Infringement sites include the locations of network servers, computer terminals and other equipment that carry out the alleged infringement. If it is difficult to determine the place of infringement and the defendant's domicile, the location of the computer terminal and other equipment where the plaintiff found the infringing content can be regarded as the place of infringement.
5. Cases involving computer network domain name infringement disputes.
Disputes over computer network domain name infringement shall be accepted by the intermediate people's court of the place where the infringement occurred or the defendant's domicile. If it is difficult to determine the place of infringement and the defendant's domicile, the plaintiff may consider the place of infringement as the location of the computer terminal and other equipment of the domain name.
6, involving new plant varieties infringement dispute cases
Disputes over infringement of the right to new plant varieties shall be under the jurisdiction of the Intermediate People's Court at the domicile of the defendant designated by the Supreme People's Court or where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located. Infringement sites in disputes over the infringement of new plant varieties refer to places where the propagating materials of new plant varieties are produced and sold for commercial purposes without the permission of the variety owner, or places where the propagating materials of authorized varieties are reused to produce propagating materials of another variety.
7. Cases of infringement disputes over the exclusive right of integrated circuit layout design.
Disputes that infringe upon the exclusive right of layout-design of integrated circuits shall be under the jurisdiction of the intermediate people's courts in Dalian, Qingdao, Wenzhou, Foshan and Yantai, where the defendant has his domicile or where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located or where the special economic zones are located.
8. Other intellectual property infringement disputes shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile.
9. Disputes over the ownership of intellectual property rights shall be under the jurisdiction of the people's court of the defendant's domicile.
10. intellectual property contract disputes shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the subject matter are located, but they shall not violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.