How to judge the jurisdiction of patent infringement cases

Legal analysis: A lawsuit brought for infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile. Infringements include: the place of manufacture, the place of use, the promised place of sale, the place of sale and the place of import of the product accused of infringing the patent right of invention and 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.

Legal basis: Intellectual Property Law of the People's Republic of China

Article 45 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for the losses according to the circumstances:

(1) publishing his work without the permission of the copyright owner;

(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;

(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;

(4) distorting or tampering with other people's works;

(5) Using a work by means of performance, broadcasting, exhibition, distribution, shooting, video recording, adaptation, translation, annotation or editing without the permission of the copyright owner, except as otherwise provided by this Law;

(six) the use of other people's works, not in accordance with the provisions of the payment;

(seven) live broadcast of their performances without the permission of the performers;

(eight) other acts of infringement of copyright and copyright-related rights and interests.

Article 46 Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing, and compensating for losses, and may be given administrative penalties such as confiscation of illegal income and fines by the copyright administrative department:

(1) Plagiarism and plagiarism;

(2) reproducing and distributing his works for profit without the permission of the copyright owner;

(3) publishing books with exclusive publishing rights enjoyed by others;

(four) without the permission of the performer, recording and publishing his performance;

(five) without the permission of the producer of audio and video recordings, reproducing and distributing the audio and video recordings made by him;

(six) unauthorized reproduction and distribution of radio and television programs produced by radio stations and television stations;

(seven) the production and sale of counterfeit works of art..