The jurisdictional court for patent infringement disputes
1. The jurisdictional court is determined based on the Defendant’s Domicile.
If the People's Court at the defendant's domicile has jurisdiction over patent cases, the People's Court at the defendant's domicile shall have jurisdiction. If the People's Court at the defendant's domicile does not have jurisdiction, the Intermediate People's Court at the location of the people's government of the province, autonomous region, or municipality directly under the Central Government at the defendant's domicile shall have jurisdiction.
2. The competent court shall be determined based on the place where the infringement occurred. The place of infringement includes the place where the infringement is committed and the place where the results of the infringement occur.
(1) If the Plaintiff only sues the Manufacturer, and the place of manufacture of the infringing product is inconsistent with the place of sale, the People's Court of the place of manufacture shall have jurisdiction.
(2) If the plaintiff sues both the manufacturer and the seller at the same time, the people's courts at the place of manufacture and place of sale have jurisdiction. At this time, the parties can choose to file a lawsuit in one of the courts.
(3) If the seller is a branch of the manufacturer, and the plaintiff sues the manufacturer's manufacturing and sales behavior to the People's Court of the place of sale, the People's Court of the place of sale shall Have jurisdiction.
How to litigate patent infringement disputes
For cases tried in accordance with the Civil Procedure Law, the plaintiff must first File a complaint and state the name, gender, age, ethnicity, place of origin, occupation, work unit and address of the parties (plaintiff and defendant), the name and location of enterprises, institutions, agencies and groups, and the name and position of the legal representative, and the claims and the facts and grounds on which they are based.
The People's Court will file the case within 7 days after receiving the indictment and deliver a copy of the indictment to the defendant, who will file a defense within 15 days after receiving it. At the same time, the People's Court The judge shall conduct a pre-trial investigation and conduct mediation before the trial. If an agreement is reached through mediation, a mediation document shall be prepared, signed by the judge and the clerk, and stamped with the seal of the People's Court. mediateThe book becomes legally binding upon delivery. If mediation fails, the People's Court will conduct a court hearing. If an agreement cannot be reached after court debate and mediation, the People's Court will make a Judgment.
If a party is dissatisfied with the judgment of the first-instance court, he may appeal to the second-instance court within the statutory appeal period. Since our country adopts a two-instance system, the judgment of the Court of Appeal is final and no further appeals are allowed. The final judgment shall be legally binding.
If you want to resolve infringement disputes, you need to find professional lawyer help. There are many lawyers on the Legal Savior Online to obtain professional advice in this regard.
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