How is the geographical jurisdiction of patent infringement disputes stipulated?

Without the permission of the patentee, the manufacture, use and sale of invention or utility model patented products or the manufacture and sale of design patented products for the purpose of production and business operations shall be subject to the jurisdiction of the people's court of the place where the product was manufactured; if the place of manufacture is unknown, the jurisdiction of the people's court shall be The People's Court of the place where the product is used or sold shall accept the application, etc. Regarding the question of how the territorial jurisdiction of patent infringement disputes is stipulated, the editor of Legal Savior Network will answer it in detail for you below.

1. How is the geographical jurisdiction of patent infringement disputes stipulated?

1. Without the permission of the patentee, the manufacture, use and sale of invention or utility model patented products or the manufacture and sale of design patented products for the purpose of production and business operations shall be subject to the jurisdiction of the people's court of the place where the product was manufactured; if the place of manufacture is unknown, the jurisdiction of the people's court shall be The People's Court of the place where the product is used or sold shall accept the application, etc.

2. Legal basis: Article 28 of the "Civil Procedure Law" stipulates: A lawsuit filed due to an infringement shall be filed by the people of the place where the infringement occurred or the place where the defendant is domiciled. Court jurisdiction. Specific to patent cases, Article 5 of the Supreme People's Court's "Several Provisions on Legal Issues Concerning the Trial of Patent Dispute Cases" (hereinafter referred to as the "Several Provisions") stipulates: "A lawsuit filed due to infringement of patent rights shall be filed by the place where the infringement occurred or The people's court at the place where the defendant is domiciled shall have jurisdiction.

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, the place where the use, offer for sale, sale, import and other acts of the products directly obtained according to the patented method are carried out; the place where the manufacture, offer for sale, sale, import and other acts of the design patented product are carried out; The place where the act of counterfeiting someone else’s patent is carried out. The place where the infringement results of the above-mentioned infringement occurred.

2. Legal provisions on jurisdictional objections

"Civil Procedure Law"

Article 21 A civil lawsuit filed against a citizen shall be governed by The People's Court of the defendant's domicile shall have jurisdiction; if the defendant's domicile is inconsistent with the place of habitual residence, the People's Court of the place of habitual residence shall have jurisdiction. A civil lawsuit filed against a legal person or other organization shall be filed by the person in the place where the defendant is domiciled.jurisdiction of the People's Court.

Article 23: Litigation arising out of contract disputes shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or where the contract is performed.

Article 34 The parties to a contract or other property rights dispute may choose in writing 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, The People's Court of the place where the subject matter is located and has actual connection with the dispute shall have jurisdiction, but the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction shall not be violated.

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