On the 21st april in beijing (journalist huang yu ling), the supreme people's court held a press conference to issue a number of provisions of the supreme people's court on the jurisdiction of civil and administrative cases relating to intellectual property in the first instance (hereinafter referred to as the jurisdictional provisions)。
The vice-president of the third chamber of the supreme people's court, li sword, introduced the provisions of the supreme people's court on jurisdiction in order to further improve the system of intellectual property litigation governing science and to effectively resolve the problems of inconsistent standards of jurisdiction in intellectual property cases at the first instance, inadequate layout of the jurisdiction and incompetence of the parties。
The jurisdictional provisions expressly cover tenure, tort cases such as invention patents, which are subject to the jurisdiction of the particular court referred to above, while the jurisdiction of intellectual property contract disputes that do not involve more specialized technical issues is established as ordinary intellectual property cases. In other words, when the jurisdictional provisions are in force, the first-instance dispute over intellectual property contracts involving patents for inventions, etc., will be governed by the basic people's court determined by the supreme people's court. In addition, the jurisdictional provisions specify that, in addition to the administrative cases of exclusionary design patents, they may also be subject to the jurisdiction of the basic people's courts with the approval of the supreme people's court。
It is a matter of concern that the supreme people's court issued the circular on the publication of standards for the jurisdiction of basic people's courts in first instance civil and administrative cases of intellectual property (hereinafter referred to as " the circular " ) on the 21st day, establishing the basic people's courts with jurisdiction in civil and administrative cases of intellectual property and their areas of jurisdiction. Provision is made for at least one basic people's court within each intermediate court jurisdiction to have jurisdiction over intellectual property cases, except in a few districts。
The circular also establishes the criteria for the amount of the subject matter of a civil case of intellectual property in the first instance before the basic people's court. “the circular takes full account of the fact that the number of cases of intellectual property rights is unevenly distributed across the regions and that there are significant differences in the amount of the subject matter of the proceedings, and that, in order to ensure that the criteria are relatively simple and clear and to facilitate the action of the parties, other provinces, apart from guangdong province, apply a standard for the amount of the subject matter of the proceedings in the province.”。
Journalists have been informed that the notice of jurisdiction will take effect on 1 may 2022. Prior to its introduction, people's courts with jurisdiction in intellectual property cases had received information from the parties to file a complaint, which was kept under review。
