Legal subjectivity:

Which court in intellectual property cases generally has jurisdiction over first-instance cases of patent disputes is designated by the Intermediate People's Court and the Supreme People's Court where the people's governments of each province, autonomous region, and municipality are located. The Intermediate People's Court has jurisdiction. Note to Article 2 of "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases": With the approval of the Supreme People's Court, Wuhan, Kunshan, and Haidian are designated to hear design and utility model patent cases. Patent administrative cases involving the Patent Reexamination Board of the State Intellectual Property Office as the defendant are under the jurisdiction of the Beijing No. 1 Intermediate People's Court. The first-instance cases of trademark civil disputes are under the jurisdiction of the intermediate people's courts and above. Each higher people's court, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, can determine 1-2 grassroots people's courts in larger cities to accept first-instance trademarks. Civil dispute cases. Article 2 of the Interpretation of the Supreme People's Court on Issues Concerning the Jurisdiction and Scope of Legal Application in the Trial of Trademark Cases shall be under the jurisdiction of the Beijing No. 1 Intermediate People's Court. Copyright civil dispute cases are under the jurisdiction of the people's courts at the intermediate level and above. Each higher people's court may determine a number of grassroots people's courts to have jurisdiction over first-instance copyright civil dispute cases based on the actual conditions of its jurisdiction. "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" Article 2: Anti-unfair competition civil first-instance cases are generally under the jurisdiction of the intermediate people's courts. Each higher people's court shall, based on the actual conditions of its jurisdiction, review the case with the Supreme People's Court. The people's court's approval can determine a number of grassroots people's courts to accept first-instance civil cases of unfair competition, and grassroots people's courts that have been approved to hear civil cases involving intellectual property rights can continue to accept them. Article 18 of the Interpretation Cases of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Unfair Competition Civil Cases. On January 28, 2010, the Supreme People's Court issued the "On Adjusting the Jurisdiction of the Local People's Courts at All Levels in the First Instance of Intellectual Property Civil Cases". Notice of Cases", which adjusted the level jurisdiction standards for intellectual property civil cases. The High People's Court has jurisdiction over first-instance civil intellectual property cases with a subject amount of more than 200 million yuan, as well as first-instance intellectual property rights cases with a subject amount of more than 100 million yuan and where one of the parties is domiciled outside its jurisdiction or involving foreign countries, Hong Kong, Macao and Taiwan. civil cases. Intermediate people's courts have jurisdiction over intellectual property civil cases below the above standards, except for cases that should be under the jurisdiction of basic people's courts designated by the Supreme People's Court as having jurisdiction over general intellectual property civil cases. Basic people's courts designated by the Supreme People's Court as having jurisdiction over general intellectual property civil cases may have jurisdiction over first-instance general intellectual property civil cases where the subject amount of litigation is less than 5 million yuan, and where the subject amount of litigation is between 5 million yuan and less than 10 million yuan. In general intellectual property civil cases of first instance where the domicile of the parties is within the jurisdiction of the higher or intermediate people's court to which they belong, the specific standards shall be determined by the relevant higher people's court and submitted to the Supreme People's Court for approval.

Legal objectivity:

Article 397 of the "Criminal Law of the People's Republic of China" stipulates that the crime of abuse of power refers to the crime of abuse of power by state agency staff who intentionally exceed their powers and fail to do so. Acts in accordance with or in violation of legal decisions, handling matters that it has no authority to decide or handle, or handling official duties in violation of regulations, leading to misappropriation of public property and major property losses to the country and people.