In order to further clarify the case jurisdiction of the Intellectual Property Courts of Beijing, Shanghai and Guangzhou, in accordance with the "Civil Procedure Law of the People's Republic of China", "Administrative Procedure Law of the People's Republic of China" and "National People's Congress The Decision of the Standing Committee of the National Congress on the Establishment of Intellectual Property Courts in Beijing, Shanghai, and Guangzhou" and other regulations, and the "Regulations of the Supreme People's Court on the Jurisdiction of Cases of the Intellectual Property Courts in Beijing, Shanghai, and Guangzhou" were formulated. The specific provisions are as follows:

"Regulations of the Supreme People's Court on the Jurisdiction of Cases of Intellectual Property Courts in Beijing, Shanghai and Guangzhou" Article 1 The intellectual property courts have jurisdiction over the following first-instance cases within the jurisdiction of the municipality where they are located:

(1) Patents, Civil and administrative cases on new plant varieties, integrated circuit layout designs, technical secrets, and computer software;

(2) Actions against departments of the State Council or local people's governments at or above the county level involving copyright, trademarks, and unfair competition Administrative cases involving litigation involving administrative actions;

(3) Civil cases involving the recognition of well-known trademarks.

Article 2 The Guangzhou Intellectual Property Court shall rule on the matters stipulated in Article 1(1) and

(3) of these regulations in Guangdong Province. Cases are subject to cross-regional jurisdiction.

Article 3 The Intermediate People’s Courts of Beijing and Shanghai and the Intermediate People’s Court of Guangzhou will no longer accept civil and administrative cases involving intellectual property rights.

Other intermediate people's courts in Guangdong Province will no longer accept cases stipulated in Article 1 of these Regulations

(1) and

(3).

The grassroots people's courts in Beijing, Shanghai and Guangdong Province will no longer accept cases in Article 1 of these regulations

(1) and

(3) ).

The subject matter of the case in Article 4 includes not only the contents stipulated in Article 1 of these Regulations

(1) and

(3), but also For other contents, jurisdiction shall be determined according to the provisions of Articles 1 and 2 of these Regulations.

Article 5 The following administrative cases of first instance shall be under the jurisdiction of the Beijing Intellectual Property Court:

(1) Dissatisfaction with decisions made by departments under the State Council regarding patents, trademarks, new plant varieties, integrated circuit layouts Rulings or decisions on the authorization and confirmation of intellectual property rights such as drawings and designs;

(2) Dissatisfaction with the compulsory licensing decisions and compulsory license royalties made by departments under the State Council regarding patents, new plant varieties, integrated circuit layout designs Or ruling on remuneration;

(3) Dissatisfaction with other administrative actions involving the authorization and confirmation of intellectual property rights made by departments of the State Council.

Article 6: Appeal cases filed by parties against first-instance civil and administrative judgments and rulings on intellectual property rights such as copyright, trademark, technology contract, unfair competition, etc. made by the grassroots people's court of the city where the intellectual property court is located, be heard by the Intellectual Property Court.

Article 7 Appeal cases filed by parties against first-instance judgments and rulings made by the Intellectual Property Court and cases in which they apply for reconsideration by the higher court in accordance with the law shall be tried by the Higher People's Court where the Intellectual Property Court is located. court hearing.

Article 8 Article 1 of these Regulations The basic people's court of the province (municipality directly under the Central Government) where the intellectual property court is located has accepted but has not yet concluded the case before the establishment of the intellectual property court

(1) Cases specified in Item and Item

(3) shall continue to be heard by the grassroots people's court.

Except for the Guangzhou Intermediate People’s Court, other Intermediate People’s Courts of Guangdong Province have accepted but have not concluded the cases before the establishment of the Guangzhou Intellectual Property Court.

(1) Cases specified in Item and Item

(3) shall continue to be heard by the Intermediate People's Court.

The above are the provisions of the Supreme Law on the jurisdiction of intellectual property rights. I hope it can provide you with some help. my country's intellectual property rights include patents, trademarks and copyrights. In practice, the specific jurisdiction of the courts may be different for different intellectual property disputes.

Legal basis:

Article 2 of the "Interpretation of the Supreme People's Court on Application"

Patent dispute cases shall be determined by the Intellectual Property Court and the Supreme People's Court. The people's courts and grassroots people's courts have jurisdiction.

Maritime and maritime commercial cases are under the jurisdiction of the Maritime Court.

Article 28 of the "Civil Procedure Law of the People's Republic of China"

A lawsuit filed due to an infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled.

Article 265

If a lawsuit is filed against a defendant who has no domicile within the territory of the People's Republic of China due to a contract dispute or other property rights dispute, if The contract is signed or performed within the territory of the People's Republic of China, or the subject matter of the lawsuit is within the territory of the People's Republic of China, or the defendant has property available for seizure within the territory of the People's Republic of China, or If the defendant has a representative office within the territory of the People's Republic of China, it may be under the jurisdiction of the people's court at the place where the contract was signed, the place where the contract was performed, the subject matter of the lawsuit is located, the property available for seizure is located, the place where the infringement was committed, or the place where the representative office is domiciled.