How to determine jurisdiction over intellectual property disputes
The first instance of patent disputes shall be handled by each province, autonomous region, and municipality directly under the Central Government The Intermediate People's Court where the people's government is located and the Intermediate People's Court designated by the Supreme People's Court have jurisdiction. [Article 2 of "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases"]
Note: With the approval of the Supreme People's Court, Wuhan, Kunshan and Haidian were designated to hear design and utility model patent cases.
The Patent Reexamination Board of the State Intellectual Property Office as the defendant Patent administrative cases are under the jurisdiction of Beijing No. 1 Intermediate People's Court.
The first instance of trademark civil disputes is handled by intermediate or above The people's courts have jurisdiction. Each higher people's court can, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, determine 1-2 grassroots people's courts in larger cities to accept first-instance trademark civil dispute cases. [Article 2 of the Interpretation of the Supreme People's Court on Issues Concerning Jurisdiction and Scope of Legal Application in the Trial of Trademark Cases]
Cases of dissatisfaction with the reexamination decision or ruling made by the Trademark Review and Adjudication Board of the State Council Administration for Industry and Commerce shall be under the jurisdiction of the Beijing No. 1 Intermediate People's Court.
Copyright civil dispute cases are under the jurisdiction of the intermediate people's courts and above, and the senior people's courts The court may determine a number of grassroots people's courts to have jurisdiction over first-instance cases of copyright civil disputes based on the actual conditions of the jurisdiction. [Article 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases"]
The first instance of civil anti-unfair competition cases is generally handled by the Intermediate People’s Court Jurisdiction, each higher people's court may, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, determine a number of basic people's courts to accept first-instance civil cases of unfair competition. Basic people's courts that have been approved to hear civil cases involving intellectual property rights may Continue to accept the case. [Article 18 of the Interpretation Cases of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Unfair Competition Civil Cases]
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