Provisions of the Supreme People's Court on the Jurisdiction of Intellectual Property Courts in Beijing, Shanghai and Guangzhou

Article 1 The intellectual property court shall have jurisdiction over the following cases of first instance within the municipal district where it is located:

(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 Guangzhou Intellectual Property Court shall exercise cross-regional jurisdiction over the cases specified in Items (1) and (3) of Article 1 of these Provisions in Guangdong Province. 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 will no longer accept the cases specified in Items (1) and (3) of Article 1 of these Provisions.

The basic people's courts in Beijing, Shanghai and Guangdong Province will no longer accept the cases specified in Items (1) and (3) of Article 1 of these Provisions. Article 4 Where the subject matter of a case contains both the contents specified in Items (1) and (3) of Article 1 of these Provisions and other contents, the jurisdiction shall be determined in accordance with the provisions of 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 If the cases specified in Items (1) and (3) of Article 1 of these Provisions have been accepted by the basic people's court of the province (municipality directly under the Central Government) where the intellectual property court is located before the establishment of the intellectual property court, but have not been concluded, the basic people's court will continue to hear them.

Except Guangzhou Intermediate People's Court, other intermediate people's courts in Guangdong Province have accepted but not concluded the cases specified in Items (1) and (3) of Article 1 of these Provisions before the establishment of Guangzhou Intellectual Property Court, and the intermediate people's court will continue to hear them.