How to determine the territorial jurisdiction of infringement disputes

First, how to determine the territorial jurisdiction of infringement disputes

1. The relevant provisions on the jurisdiction of infringement disputes are as follows:

(1) A lawsuit brought for infringement shall be under the jurisdiction of the people's court where the infringement occurred or where the defendant has his domicile;

(2) The place where the infringement occurred includes the place where the infringement occurred and the place where the infringement result occurred.

2. Legal basis: Article 28 of People's Republic of China (PRC) Civil Procedure Law.

A lawsuit brought for infringement shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile.

Second, how to determine the jurisdiction of patent dispute cases

The jurisdiction of patent dispute cases is determined as follows:

1. Determine the competent court according to the defendant's domicile. Patent cases over which the people's court of the defendant's domicile has jurisdiction shall be under the jurisdiction of the people's court of the defendant's domicile. If the people's court of the defendant's domicile has no jurisdiction, it shall be under the jurisdiction of the intermediate people's court where the people's government of the province, autonomous region or municipality directly under the Central Government is located.

2. Determine the court of jurisdiction according to the place of infringement. The place of infringement includes the place where the infringement is carried out and the place where the infringement result occurs, as follows:

(1) If the plaintiff only sues the manufacturer, if the place of production 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 production;

(2) If the plaintiff sues both the producer and the seller, it shall be under the jurisdiction of the people's court of the place of manufacture and the place of sale. At this point, the parties can choose to bring a lawsuit in one of the courts;

(3) If the seller is a branch of the manufacturer, if the plaintiff brings a lawsuit to the people's court of the place of sale on the manufacturing and sales behavior of the manufacturer, it shall be under the jurisdiction of the people's court of the place of sale.