The origin of intellectual property law refers to the manifestation of intellectual property legal norms, which can be divided into two parts: domestic legislative sources and international conventions. 1. Intellectual property laws, such as copyright law, patent law and trademark law. 4. Administrative regulations on intellectual property rights. It mainly includes regulations on the implementation of copyright law, regulations on the protection of computer software, detailed rules for the implementation of patent law, regulations on the implementation of trademark law, regulations on customs protection of intellectual property rights, regulations on the protection of new plant varieties, regulations on the protection of layout design of integrated circuits, etc. 13. Local regulations, autonomous regulations and separate regulations on intellectual property rights. 4. Provisions of the State Administration for Industry and Commerce on Prohibition of Infringement of Trade Secrets and other intellectual property administrative regulations. 5. Judicial interpretations of intellectual property rights, such as "Several Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases" and "Interpretation of the Supreme People's Court on the Applicable Law for Stopping Infringement of the Exclusive Right to Use a Registered Trademark and Preserving Evidence before Litigation".
legal ground
Article 5 of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases.
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. 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 act of manufacturing, promising to sell, selling and importing the patented product of design takes place; Places where counterfeiting other people's patents is carried out. The place where the infringement result of the above-mentioned infringement occurs.