How is the jurisdiction of intellectual property courts stipulated
(1) Patent infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled.
Places of infringement include: 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, and the products directly obtained according to the patented method The place where the acts of using, offering to sell, selling, and importing are carried out; the place where the manufacturing, selling, importing and other acts of design patented products are carried out; the place where the acts of counterfeiting other people's patents are carried out; the place where the infringement results of the above-mentioned infringement acts occur.
The plaintiff only files a lawsuit against the manufacturer of the infringing product, but does not sue the seller. If the place where the infringing product is manufactured is inconsistent with the place where it is sold, the people's court of the place of manufacture has jurisdiction; the manufacturer If you sue as a co-defendant with the seller, the People's Court of the place of sale has jurisdiction.
The seller is a branch of the manufacturer. If the plaintiff sues the manufacturer of the infringing product for the manufacturing and sales behavior in the place of sale, the People's Court of the place of sale has jurisdiction.
(2) Copyright infringement dispute cases and trademark infringement dispute cases shall be under the jurisdiction of the people's court in the place where the infringement is committed, the place where the infringing copies are stored or seized, and the place where the defendant is domiciled.
The storage place of infringing copies refers to the place where infringing copies are stored and concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, copyright, industry and commerce and other administrative agencies seal and seize infringing copies in accordance with the law.
Copyright infringement dispute cases, trademark infringement dispute cases, joint lawsuits involving multiple defendants in different places where the infringement was committed, the plaintiff can choose the jurisdiction of the People's Court of the place where the infringement was committed by one of the defendants; if it is filed against only one of the defendants Litigation, the people's court in the place where the defendant's infringement was committed has the jurisdictionJurisdiction.
(3) Cases of infringement disputes involving computer network copyrights shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled.
The place of infringement includes the location of network servers, computer terminals and other equipment that carry out the alleged infringement. If it is difficult to determine the place of infringement and the defendant's residence, the location of the computer terminal and other equipment where the plaintiff discovered the infringing content can be regarded as the place of infringement.
(4) Cases involving infringement disputes involving computer network domain names shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled.
If it is difficult to determine the place of infringement and the defendant’s domicile, the location where the plaintiff discovers the computer terminal and other equipment of the domain name can be regarded as the place of infringement.
(5) PlantingCases involving new product infringement disputes shall be under the jurisdiction of the intermediate people's court designated by the Supreme People's Court and located at the location of the people's government of the province, autonomous region, or municipality directly under the Central Government where the defendant is domiciled or where the infringement occurred. The place of infringement in cases of new plant variety infringement disputes refers to the place where the propagation materials of the new plant variety are produced and sold for commercial purposes without the permission of the owner of the variety right, or where the propagation materials of the authorized variety are reused in production The location of the propagating material of another species.
(6) Intellectual property contract dispute cases shall be under the jurisdiction of the people's court of the place where the defendant is domiciled or where the contract is performed. The parties to the contract may agree in the written contract to choose the jurisdiction of the people's court at 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, and the place where the subject matter is located, but the provisions of hierarchical jurisdiction and exclusive jurisdiction shall not be violated.
(7) Other cases of intellectual property infringement disputes shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled.
(8) Cases involving disputes over intellectual property rights shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled.
Since there are so many courts in our country, if the jurisdiction of a specific case is not stipulated, the parties will definitely not know where to file a lawsuit. The above is an introduction to the courts with jurisdiction over intellectual property disputes. I hope it can provide you with some help. If you still have doubts about thisIf you have any questions, you can call directly to consult our online lawyers at Legal Savior Network.
