Where the law provides for the jurisdiction of intellectual property courts, such provisions shall prevail. Article 2 Intellectual property courts and intermediate people's courts shall have jurisdiction over the ownership of design patents, infringement disputes and civil and administrative cases of first instance involving the identification of well-known trademarks. With the approval of the Supreme People's Court, it can also be under the jurisdiction of the basic people's court, except for administrative cases of design patents.
The Intermediate People's Court shall have jurisdiction over intellectual property cases of first instance other than those stipulated in Article 1 of these Provisions and the first paragraph of this Article, and the amount of the subject matter of the litigation exceeds the amount of the subject matter recognized by the Supreme People's Court, and involves the administrative actions of the State Council departments, local people's governments at or above the county level or the customs.
Where the law provides for the jurisdiction of intellectual property courts, such provisions shall prevail. Article 3 Civil and administrative cases of intellectual property rights of first instance other than those stipulated in Articles 1 and 2 of these Provisions shall be under the jurisdiction of the basic people's courts determined by the Supreme People's Court. Article 4 The people's court at a higher level may, in accordance with the relevant provisions of the procedural law, report to the people's court at a lower level or decide on its own to bring a trial on civil and administrative cases of intellectual property rights that are new in type, difficult and complicated or of guiding significance to the application of the law.
If it is really necessary to transfer the intellectual property civil cases under the jurisdiction of our court to the lower people's court for trial, it shall be submitted to the higher people's court for approval on a case-by-case basis in accordance with the provisions of the first paragraph of Article 39 of the Civil Procedure Law. Article 5 If the Supreme People's Court needs to determine or adjust the standard and geographical scope of the subject matter of jurisdiction in accordance with these Provisions, it shall report to the Supreme People's Court for approval. Article 6 These Provisions shall come into force as of May 6, 2022.
If the judicial interpretation previously issued by the Supreme People's Court is inconsistent with these Provisions, these Provisions shall prevail.