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 patented product of design is manufactured, sold and imported; The place where the act of counterfeiting others' patents is implemented; The place where the infringement result of the above-mentioned infringement occurs.
The plaintiff only brought 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.
The seller is a branch of the manufacturer, and if the plaintiff sues the manufacturer of infringing products for manufacturing and selling at the place of sale, it shall be under the jurisdiction of the people's court at the place of sale.
(2) Disputes over copyright infringement and trademark infringement shall be under the jurisdiction of the people's court of the place where the infringement was committed, the place where the infringing copy was stored, the place where it was seized or detained, or the place where the defendant lived.
The place where infringing copies are stored is the place where a large number of infringing copies are stored or hidden within a specified period; The place of seizure refers to the place where the customs, copyright and industrial and commercial administrative authorities seal up and detain infringing copies according to law.
In the case of copyright infringement disputes and trademark infringement disputes, the plaintiff may choose the people's court where one of the defendants committed the infringement to have jurisdiction over the lawsuits filed by multiple defendants in different places; The people's court in the place where the defendant committed the infringement only has jurisdiction over the lawsuit brought against one of the defendants.
(3) Cases of infringement disputes involving computer network copyright shall be under the jurisdiction of the people's court where the infringement occurred or where the defendant was domiciled.
Infringement sites include the locations of network servers, computer terminals and other equipment that carry out the alleged infringement. If it is difficult to determine the place of infringement and the defendant's domicile, the location of the computer terminal and other equipment where the plaintiff found the infringing content can be regarded as the place of infringement.
(4) Infringement disputes involving computer network domain names shall be under the jurisdiction of the Intermediate People's Court in the place where the infringement occurred or the defendant's domicile.
If it is difficult to determine the place of infringement and the defendant's domicile, the plaintiff may consider the place of infringement as the location of the computer terminal and other equipment of the domain name.
(5) Disputes over the infringement of new plant varieties shall be under the jurisdiction of the Intermediate People's Court where the defendant's domicile is designated by the Supreme People's Court or where the people's government of the province, autonomous region or municipality directly under the Central Government is located. Infringement sites in disputes over the infringement of new plant varieties refer to places where the propagating materials of new plant varieties are produced and sold for commercial purposes without the permission of the variety owner, or places where the propagating materials of authorized varieties are reused to produce propagating materials of another variety.
(6) Disputes over infringement of the exclusive right of layout-design of integrated circuits shall be under the jurisdiction of the intermediate people's courts of Dalian, Qingdao, Wenzhou, Foshan and Yantai where the defendant has his domicile or where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located or where the special economic zones are located.
(seven) other cases of intellectual property infringement disputes shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile.
(8) Disputes over the ownership of intellectual property rights shall be under the jurisdiction of the people's court of the defendant's domicile.
(9) Disputes over intellectual property contracts shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed. The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the subject matter are located, but they shall not violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.