according to the interpretation of the Supreme People's Court on the applicable legal issues in the trial of trademark civil disputes, the jurisdiction of trademark infringement cases is mainly determined in the following two aspects: first, the court where the infringed person is located. That is, if the defendant infringes the trademark right of the defendant's place, then the defendant has jurisdiction in the court where he is located. The second is the court where the infringement occurred. If the defendant commits trademark infringement in other areas outside the defendant's location, then the courts in that area also have jurisdiction. In addition, if both the defendant and the defendant believe that a specific area has jurisdiction, then both parties can choose to conduct litigation in that area.
can the jurisdiction of trademark infringement cases be chosen by agreement? The jurisdiction of trademark infringement cases can be chosen by agreement, that is, both the defendant and the defendant think that a particular area has jurisdiction, so both parties can choose to conduct litigation in that area. However, the jurisdiction chosen by agreement must meet the legal provisions and shall not infringe upon the legitimate rights and interests of others.
the determination of the jurisdiction of trademark infringement cases is of great significance to the protection of trademark rights and the settlement of disputes. For the parties, choosing the appropriate court of jurisdiction can not only improve the efficiency of execution, but also protect their legitimate rights and interests.
Legal basis:
Article 24 of the Civil Procedure Law of the People's Republic of China, the people's court of the defendant's domicile, habitual residence or the place where the infringement occurred has jurisdiction.