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Regulations on Jurisdiction of Intellectual Property Cases

Legal subjectivity:

1. Copyright civil dispute cases are under the jurisdiction of the Intermediate People’s Court. This article reflects the hierarchical jurisdiction of the people's courts, that is, the first instance of civil dispute cases regarding copyright is in the Intermediate People's Court, and the second instance is in the Higher People's Court. or in a grassroots court designated in accordance with the law. 2. The first-instance cases of trademark civil disputes shall be under the jurisdiction of the people's courts above the intermediate level. or in a grassroots court designated in accordance with the law. 3. Patent dispute cases shall be under the jurisdiction of the Intermediate People's Court. 4. Regional jurisdiction: Article 4 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright" limits the applicable geographical jurisdiction. That is, "the People's Court has jurisdiction over the place where the infringement is committed, the place where the infringing copies are stored or the place where the infringing copies are stored or the place where they are seized or seized, or the place where the defendant is domiciled." The law is objective:

Article 2 of the "Interpretation of the Supreme People's Court on the Application" of the Patent Dispute Cases The Intellectual Property Court, the Intermediate People's Court and the Basic People's Court determined by the Supreme People's Court have jurisdiction. Maritime and commercial cases are under the jurisdiction of the Maritime Court. Article 28 of the Civil Procedure Law of the People's Republic of China: Litigation filed due to 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: In a lawsuit brought 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 the defendant has a representative within the territory of the People's Republic of China An institution may be under the jurisdiction of the people's court in the place where the contract is signed, the place where the contract is performed, the place where the subject matter of the lawsuit is located, the place where the property available for seizure is located, the place where the infringement is committed, or the place where the representative office is domiciled.