Can patent infringement be prosecuted in the court where the infringing goods are sold?

Hello, I am the head of a company that produces cushions in Shenzhen. Our products have been patented in China. In recent months, we have found that a large number of products that are the same as or similar to our products are sold at low prices. The infringing products are manufactured by a company in Shanghai and sold by a supermarket in Beijing, which leads to the unsalable products of our company and seriously affects our normal production and operation. Can we sue the manufacturer and seller of infringing products at the same time? If so, can I sue in Beijing? (Huang Liming)

Comrade Huang Liming:

Hello! We think your question mainly involves the level jurisdiction and regional jurisdiction of patent disputes. According to your introduction, we think:

1. According to the relevant provisions of the current law, the company for which you are responsible (hereinafter referred to as the company) can list the manufacturer or seller of infringing products as the defendant or as the * * * co-defendant and bring a lawsuit to the people's court with jurisdiction.

Two, the company can bring a lawsuit to the intermediate people's court under the jurisdiction of Shanghai or Beijing.

With regard to the hierarchical jurisdiction of patent disputes, according to the provisions of Article 1, paragraph 2 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) and Article 2 of the Supreme People's Court's Provisions on Applicable Laws in the Trial of Patent Disputes (hereinafter referred to as "Several Provisions"), the first-instance cases of patent disputes are under the jurisdiction of the intermediate people's courts where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located and the intermediate people's courts designated by the Supreme People's Court.

Regarding the territorial jurisdiction of patent disputes, according to Article 29 of the Civil Procedure Law of People's Republic of China (PRC) and Article 5 of Several Provisions, a lawsuit brought for patent infringement shall be under the jurisdiction of the people's court where the infringement occurred or where the defendant has his domicile. Infringement includes: places where products accused of infringing inventions, utility models and patent rights are manufactured, used, promised to be sold, sold and imported; The place where the act of using the patented method is carried out, and the place where the act of using, promising to sell, selling and importing the products directly obtained according to the patented method is carried out; The place where the patented product of design is manufactured, sold and imported; Places where counterfeiting other people's patents is carried out. The place where the infringement result of the above-mentioned infringement occurs.

According to article 6 of some regulations, the plaintiff only brings a lawsuit against the manufacturer of the infringing product, but not against the seller. Where the place of manufacture of the infringing product is different from the place of sale, it shall be under the jurisdiction of the people's court of the place of manufacture; Where producers and sellers are sued as co-defendants, the people's court at the place of sale has jurisdiction.

Therefore, if the company only sues the manufacturers of infringing products, it should bring a lawsuit to the intermediate people's court with jurisdiction in Shanghai; If the company only sues the seller, or sues the manufacturer and the seller as co-defendants, it can bring a lawsuit to the intermediate people's court with jurisdiction in Beijing.

(Li Hua, lawyer of Gankun Law Firm)