What are the jurisdictional provisions in intellectual property cases
In order to further clarify the jurisdiction of the courts of intellectual property in beijing, shanghai and guangzhou, in accordance with the provisions of the civil procedure law of the people's republic of china, the administrative litigation law of the people's republic of china and the decision of the standing committee of the national people's congress on the establishment of intellectual property courts in beijing, shanghai and guangzhou, etc., the supreme people's court regulation on the jurisdiction of the courts of intellectual property in beijing, shanghai and guangzhou specifies the following:
Regulations of the supreme people's court on the jurisdiction of cases of the courts of intellectual property of beijing, shanghai and guangzhou
Article 1. The court of intellectual property has jurisdiction over the following first instance cases within the municipal jurisdiction:
(i) patents, new varieties of plants, integrated circuit layout design, technical secrets, civil and administrative cases of computer software
(ii) administrative cases brought against the state council departments or local people's governments above county level for administrative acts involving copyright, trademarks, unfair competition, etc.
(iii) a civil case involving a recognized trademark。
Article 2. The guangzhou court of intellectual property has transregional jurisdiction over cases under article 1 (a) and (c) of this provision in guangdong province。
Article 3 the beijing, shanghai and guangzhou intermediate people's courts no longer hear civil and administrative cases of intellectual property。
Other intermediate people's courts in guangdong province no longer hear cases under article 1 (a) and (c) of this provision。
The basic people's courts of beijing, shanghai and guangdong province no longer hear cases under article 1 (a) and (c) of this provision。
Article 4. Where the subject matter of the case includes both the provisions of article 1 (a) and (c) of this provision and other elements, jurisdiction shall be established in accordance with articles 1 and 2 of this provision。
Article 5 the following first instance administrative case is under the jurisdiction of the beijing intellectual property court:
(i) responds to decisions or decisions of the department of state regarding the authorization of intellectual property rights, such as patents, trademarks, new varieties of plants, integrated circuit chart designs
(ii) responds to decisions of the department of state regarding compulsory licensing of patents, new varieties of plants, the design of integrated circuit maps and compulsory licence royalties or remuneration
(iii) any other administrative act by a department of state department that involves an authorisation of an intellectual property right。
Article 6 appeals against civil and administrative decisions on intellectual property rights, such as copyrights, trademarks, technical contracts, unfair competition, and decisions of the basic people's court of the municipality in which the intellectual property court is located are considered by the intellectual property courts。
Article 7. The first-instance judgements of the intellectual property courts, appeals from decisions and applications for review by a higher court according to law are heard by the intellectual property division of the high people's court, where the intellectual property courts are located。
Article 8. Cases provided for in article 1, subparagraphs (a) and (c), of this provision, which have been dealt with by the basic people's court of the province (municipality directly under the jurisdiction) of which the intellectual property court is located prior to the establishment of the intellectual property court, shall continue to be heard by the basic people's court。
In addition to the guangzhou intermediate people's court, other intermediate people's court in guangdong province have heard pending cases under article 1, subparagraphs (a) and (c), of this provision pending before the establishment of the guangzhou intellectual property court, and this intermediate people's court continues to hear cases。
These are the provisions of the supreme law governing intellectual property rights. The intellectual property rights of our country include patents, trademarks and copyrights, and in practice there may be differences between specific jurisdictions in respect of different intellectual property disputes. If you want to know more about it, you can consult with our lawyers on china legal network。
