Not all cases are under the jurisdiction of the intermediate courts. This is clearly stipulated by law, taking into account the professional nature of intellectual property disputes and the large amount of the subject matter.
1. Courts with jurisdiction over copyright infringement litigation
1. Level jurisdiction: Jurisdiction over copyright civil dispute cases, "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" Article 2 stipulates: "Copyright civil dispute cases shall be under the jurisdiction of the Intermediate People's Court." This article reflects the level of jurisdiction of the People's Court, that is, the first instance of copyright civil dispute cases is in the Intermediate People's Court, and the second instance is in the Higher People's Court. court.
2. Regional jurisdiction: Article 4 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright" stipulates that geographical jurisdiction shall apply. 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 where the infringing copies are stored or seized, and the place where the defendant is domiciled.”
2. Courts with jurisdiction over trademark infringement litigation
1. Level jurisdiction : Jurisdiction over cases of civil disputes over trademark rights, Article 2 of the "Interpretations of the Supreme People's Court on Issues Concerning Jurisdiction and Scope of Legal Application in the Trial of Trademark Cases" stipulates: "The first-instance cases listed in Item 1 of Article 1 of this Interpretation shall be handled by Beijing The Municipal Higher People's Court determines the jurisdiction of the relevant intermediate people's courts within its jurisdiction based on the authorization of the Supreme People's Court.
The first-instance cases listed in Article 1 of this Interpretation shall be determined in accordance with the relevant provisions of the Administrative Litigation Law. Jurisdiction.
The first-instance cases of trademark civil disputes shall be under the jurisdiction of the people's courts above the intermediate level.
Each higher people's court may, based on the actual conditions of its jurisdiction, with the approval of the Supreme People's Court. Larger cities have designated 1 to 2 grassroots people's courts to accept first-instance trademark civil dispute cases."
2. Regional jurisdiction: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Rights" Sixth. The provisions of Article 1 shall apply to territorial jurisdiction. That is, “a civil lawsuit filed due to an infringement of the exclusive right to use a registered trademark shall be filed by the People’s Court of the place where the infringement is committed, where the infringing goods are stored or seized, or where the defendant is domiciled as stipulated in Articles 13 and 52 of the Trademark Law. Jurisdiction."
3. Courts with jurisdiction over patent infringement litigation
1. Level jurisdiction: Jurisdiction over patent civil dispute cases, the "Supreme People's Court's Rules on the Trial of Patent Civil Disputes" shall apply. Article 2 of the Interpretation of Several Legal Issues stipulates: "Patent dispute cases of first instance shall be under the jurisdiction of the Intermediate People's Court where the people's government of each province, autonomous region, or municipality directly under the Central Government is located and the Intermediate People's Court designated by the Supreme People's Court."
2. Regional jurisdiction: Article 5 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Rights" stipulates that geographical jurisdiction shall apply. That is, “litigation filed due to infringement of patent rights shall be under the jurisdiction of the People’s Court of the place where the infringement occurred or where the defendant is domiciled.
3. The place of infringement includes: the manufacture of products accused of infringing invention or utility model patent rights. The place where the acts of using, offering for sale, selling, and importing are carried out; the place where the acts of using the patented method are carried out, the place where the acts of using, offering for sale, selling, importing, etc. of the products directly obtained according to the patented method are carried out; the place where the acts of patented design products are carried out The place where the manufacturing, sales, importing, etc. activities are carried out; the place where the infringement results of the above-mentioned infringement activities are carried out.