First, the court's jurisdiction over copyright infringement litigation.
1. level jurisdiction: jurisdiction over copyright civil disputes. Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes stipulates: "Copyright civil disputes shall be under the jurisdiction of the Intermediate People's Court." This article embodies the hierarchical jurisdiction of the people's courts, that is, the first instance of copyright civil disputes is in the intermediate people's court and the second instance is in the higher people's court.
2. Territorial jurisdiction: Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Applicable Laws of Copyright stipulates that territorial jurisdiction shall apply. That is, "the people's court of the place where the infringement is committed, the place where the infringing copy is stored or detained, and the place where the defendant has his domicile."
Second, the court of jurisdiction for trademark infringement litigation
1. level jurisdiction: jurisdiction over trademark civil disputes. Article 2 of the Supreme People's Court's Interpretation on Issues Concerning the Jurisdiction and the Scope of Application of Law in the Trial of Trademark Cases stipulates: "The cases of first instance listed in Article 1 of this Interpretation, item 1, are determined by the Beijing Higher People's Court under the authorization of the Supreme People's Court.
The relevant provisions of the Administrative Procedure Law shall apply to the cases of first instance listed in Item 2 of Article 1 of this Interpretation.
The people's courts at or above the intermediate level have jurisdiction over trademark civil dispute cases of first instance.
The Higher People's Court may, according to the actual situation in its jurisdiction and with the approval of the Supreme People's Court, designate the grass-roots people's courts in larger cities to accept trademark civil disputes of first instance. "
2. Territorial jurisdiction: Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Trademark Rights Cases stipulates that territorial jurisdiction shall apply. That is, as stipulated in Articles 13 and 52 of the Trademark Law, "a civil lawsuit brought for infringement of the exclusive right to use a registered trademark shall be under the jurisdiction of the people's court of the place where the infringement was committed, the place where the infringing goods were stored, the place where they were detained and the place where the defendant lived."
Three. A court with jurisdiction over patent infringement litigation.
1. level jurisdiction: jurisdiction over patent civil disputes. Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Patent Civil Disputes stipulates: "Patent dispute cases of first instance shall be 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."
2. Territorial jurisdiction: Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Patent Cases stipulates that territorial jurisdiction shall apply. That is, "a lawsuit filed for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile.
3. Infringement places include: the place of manufacture, the place of use, the promised place of sale, the place of sale or the place of 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; Places where counterfeiting other people's patents is carried out. The place where the infringement result of the above-mentioned infringement occurs.