How to determine jurisdiction over intellectual property disputes

The Intellectual Property Development Research Center of the State Intellectual Property Office released the "Report on the Development of China's Intellectual Property in 2015". The report shows that the comprehensive development level of national intellectual property has steadily improved, and the international ranking has further improved. It can be seen that our country has improved the protection of intellectual property rights in recent years. Next, the editor of Legal Savior Network has compiled some knowledge for you on how to determine the jurisdiction of intellectual property disputes. You are welcome to read it!

How to determine jurisdiction over intellectual property disputes

The first instance of patent disputes shall be decided by the people of each province, autonomous region, and municipality directly under the Central Government The Intermediate People's Court at the seat of the government 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]

Dissatisfaction with the Trademark Review and Adjudication Committee of the Industrial and Commercial Administration Department of the State Council Cases involving review decisions or rulings 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. Each higher people's court can determine a number of grassroots people's courts to have jurisdiction over first-instance copyright civil dispute cases based on the actual conditions of its jurisdiction. ["Supreme People's Court" Article 2 of the Court’s Interpretations on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes]

First-instance civil cases against unfair competition are generally under the jurisdiction of the intermediate people's courts. Each higher people's court can determine a number of basic people's courts to accept the cases based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court. For first-instance civil cases of unfair competition, grassroots people's courts that have been approved to hear civil intellectual property cases can continue to accept them. [Article 18 of the "Interpretation Cases of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Cases of Unfair Competition" 】

The above is the relevant content summarized by the editor, If you have relevant legal advice or are confused about other matters, you can call the online lawyer on the Legal Savior Network for answers. The professional knowledge of the lawyer can help you.