What are the jurisdictional regulations for intellectual property cases?
In order to further clarify Beijing The case jurisdiction of Shanghai and Guangzhou Intellectual Property Courts is based on the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China, and the Decision of the Standing Committee of the National People's Congress on the Establishment of Intellectual Property Courts in Beijing, Shanghai, and Guangzhou, etc. Regulations, the "Regulations of the Supreme People's Court on the Jurisdiction of Intellectual Property Courts in Beijing, Shanghai and Guangzhou" are formulated. The specific provisions are as follows:
"The Supreme People's Court Provisions on the jurisdiction of intellectual property courts in Beijing, Shanghai and Guangzhou"
Article 1 The jurisdiction of the intellectual property courts is within the municipal district The following first-instance cases:
(1) Civil and administrative cases on patents, new plant varieties, integrated circuit layout designs, technical secrets, and computer software;
(2) Administrative cases filed against administrative actions involving copyrights, trademarks, unfair competition, etc. made by departments of the State Council or local people's governments at or above the county level;
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(3) Civil cases involving the recognition of well-known trademarks.
Article 2: The Guangzhou Intellectual Property Court shall implement cross-regional implementation of cases stipulated in Items (1) and (3) of Article 1 of these Regulations in Guangdong Province. jurisdiction.
Article 3 The Intermediate People's Courts of Beijing and Shanghai and the Intermediate People's Court of Guangzhou will no longer accept civil and administrative cases involving intellectual property rights.
Other intermediate people's courts in Guangdong Province will no longer accept cases specified in Items (1) and (3) of Article 1 of these Regulations.
NorthThe grassroots people's courts in Beijing, Shanghai, and Guangdong Province will no longer accept cases specified in Items (1) and (3) of Article 1 of these Regulations.
The subject matter of the case in Article 4 includes both Item (1) of Article 1 of these Regulations and the content stipulated in Item (3), as well as other content, the jurisdiction shall be determined in accordance with the provisions of Articles 1 and 2 of these regulations.
Article 5 The following administrative cases of first instance shall be under the jurisdiction of the Beijing Intellectual Property Court:
(1) Dissatisfaction with the ruling or decision made by the State Council department regarding the authorization and confirmation of intellectual property rights such as patents, trademarks, new plant varieties, integrated circuit layout designs, etc.;
(2) Dissatisfaction with the decisions of compulsory licensing of patents, new plant varieties, integrated circuit layout designs and the rulings on compulsory license royalties or remuneration made by departments of the State Council;
(3) Dissatisfaction with other administrative actions involving the authorization and confirmation of intellectual property rights made by departments of the State Council.
Article 6: The parties shall challenge the first-instance civil disputes regarding intellectual property rights such as copyright, trademark, technology contract, unfair competition, etc. Appeals from administrative judgments and rulings shall be heard by the Intellectual Property Court.
Article 7: Appeals filed by parties against the first-instance judgments and rulings made by the Intellectual Property Court and cases in which they apply for reconsideration by the higher court in accordance with the law shall be handled by the Intellectual Property Court. The case shall be heard by the Intellectual Property Tribunal of the Higher People's Court where the property rights court is located.
Article 8 Article 1 of these Regulations The basic people's court of the province (municipality) where the intellectual property court is located has accepted but has not yet concluded the case before the establishment of the intellectual property court. Cases specified in items (1) and (3) shall continue to be heard by the grassroots people's court.
Except the Guangzhou Intermediate People's Court, other Intermediate People's Courts in Guangdong Province have accepted but have not yet concluded the cases in Article 1 of these Regulations before the establishment of the Guangzhou Intellectual Property Court. Cases specified in Items (1) and (3) shall continue to be heard by the Intermediate People's Court.
The above are the provisions of the Supreme Law on the jurisdiction of intellectual property rights. I hope it can provide you with some help. Our country’s intellectual property rights include patents, trademarks and copyrights. In practice, for differentFor different intellectual property disputes, the specific jurisdiction of the court may be different. If you want to know more about the relevant content, you can consult the lawyers at our Legal Savior Network. We will provide professional legal services and patiently answer your legal questions.
