Current location - Trademark Inquiry Complete Network - Trademark registration - Which level of court has jurisdiction over intellectual property dispute cases?
Which level of court has jurisdiction over intellectual property dispute cases?

(1) Patent infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled.

The place of infringement includes: the place where the products accused of infringing the invention or utility model patent rights are manufactured, used, offered for sale, sold, imported, etc.; the place where the use of the patented method is carried out, according to the The place where the acts of using, offering to sell, selling, and importing products directly obtained by the patented method are carried out; the place where the acts of manufacturing, selling, and importing products with patented designs are carried out; the place where the acts of counterfeiting others' patents are carried out; the infringement of the above-mentioned infringement acts The place where the result occurred.

The plaintiff only files a lawsuit against the manufacturer of the infringing product, but does not sue the seller. If the place where the infringing product is manufactured is inconsistent with the place where it is sold, the people's court of the place of manufacture has jurisdiction; the manufacturer and the seller are the first. If the same defendant is sued, the People's Court of the place of sale shall have jurisdiction.

The seller is a branch of the manufacturer. If the plaintiff sues the manufacturer of the infringing product for manufacturing and sales in the place of sale, the People's Court of the place of sale has jurisdiction.

(2) Copyright infringement dispute cases and trademark infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement is committed, the place where the infringing copies are stored or where the infringing copies are stored or seized, and the place where the defendant is domiciled.

The storage place of infringing copies refers to the place where infringing copies are stored and concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, copyright, industry and commerce and other administrative agencies seal and detain infringing copies in accordance with the law.

In cases of copyright infringement disputes, trademark infringement disputes, and the same lawsuit filed against multiple defendants involving different places where the infringement was committed, the plaintiff can choose one of the defendants to have jurisdiction over the People's Court of the place where the infringement was committed. ; If only a lawsuit is filed against one of the defendants, the people's court in the place where the defendant's infringement was committed shall have jurisdiction.

Beijing Jingshi (Zhengzhou) Law Firm chose the 11th and 12th floors of Qianxi Plaza, CBD in Zhengdong New District. It is equipped with comfortable office facilities such as independent lawyer offices, lawyer workstations, lawyer case discussion rooms, VIP reception rooms, medium-sized conference rooms, large multimedia conference rooms, high-end coffee shops, teahouses, customer service centers, etc., to provide lawyers and visitors with Consulting legal practice clients to create the best office facilities and environment for hosting clients.