How is the jurisdiction of intellectual property courts stipulated?

(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 seize 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.

(3) Infringement dispute cases involving computer network copyrights 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 location of network servers, computer terminals and other equipment that carry out the alleged infringement. If it is difficult to determine the place of infringement and the defendant's residence, the location of the computer terminal and other equipment where the plaintiff discovered the infringing content can be regarded as the place of infringement.

(4) Cases involving infringement disputes involving computer network domain names shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled.

If it is difficult to determine the place of infringement and the defendant’s domicile, the location where the plaintiff discovers the computer terminal and other equipment of the domain name can be regarded as the place of infringement.

(5) Cases involving new plant variety infringement disputes shall be under the jurisdiction of the intermediate people's court designated by the Supreme People's Court and the place where the people's government of the province, autonomous region or municipality directly under the Central Government is located where the defendant is domiciled or where the infringement occurred. The place of infringement in cases of new plant variety infringement disputes refers to the place where the propagation materials of the new plant variety are produced and sold for commercial purposes without the permission of the owner of the variety right, or where the propagation materials of the authorized variety are reused in production The location of the propagating material of another species.

(6) Intellectual property contract dispute cases shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or the place where the contract is performed. The parties to the contract may agree in the written contract to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, but the provisions of hierarchical jurisdiction and exclusive jurisdiction shall not be violated.

(7) Other cases of intellectual property infringement disputes shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled.

(8) Cases involving disputes over intellectual property rights shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled.

Since there are so many courts in our country, if the jurisdiction of a specific case is not stipulated, the parties will definitely not know where to file a lawsuit.

Legal Basis

"Several Provisions of the Supreme People's Court on the Jurisdiction of First-Instance Intellectual Property Civil and Administrative Cases"

Article 1 Invention Patents and Utility Models The first-instance civil and administrative cases of patents, new plant varieties, integrated circuit layout designs, technical secrets, computer software, infringement disputes and monopoly disputes are handled by the Intellectual Property Court and the Intermediate People's Court where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located. and the jurisdiction of the Intermediate People's Court determined by the Supreme People's Court.

If the law has provisions on the jurisdiction of intellectual property courts, those provisions shall prevail.

Article 2 The ownership of design patents, infringement disputes, and first-instance civil and administrative cases involving the recognition of well-known trademarks shall be under the jurisdiction of the Intellectual Property Court and the Intermediate People's Court; with the approval of the Supreme People's Court, they may also be The basic people's courts have jurisdiction, except for design patent administrative cases.

In the first-instance intellectual property cases other than those stipulated in Article 1 and Paragraph 1 of this Article, the subject amount of the litigation is more than the amount determined by the Supreme People's Court, as well as involving departments of the State Council and local people at or above the county level. Government or customs administrative actions shall be under the jurisdiction of the Intermediate People's Court.

If the law has provisions on the jurisdiction of intellectual property courts, those provisions shall prevail.

Article 3: First-instance civil and administrative cases involving intellectual property rights other than those specified in Articles 1 and 2 of these Regulations shall be under the jurisdiction of the grassroots people's courts determined by the Supreme People's Court.