What is the court jurisdiction over trademark infringement litigation
Due to infringement of exclusive rights to registered trademarks and infringement of well-known trademarks Civil lawsuits filed under special protection rights shall be under the jurisdiction of the people's court in the place where the infringement is committed, the place where the infringing goods are stored, or the place where the infringement is seized or where the defendant is domiciled.
The storage place of infringing goods refers to a large amount or The place where infringing goods are regularly stored and concealed; the place of seizure and seizure refers to the place where customs, industry and commerce and other administrative agencies seal and seize infringing goods in accordance with the law, and does not include the place where the court takes temporary measures to seize and seize infringing goods. In the place where the infringing goods are stored or seized, the parties may sue the perpetrators who performed storage, custody, transportation, etc., or the dealers and manufacturers of the goods, or all the perpetrators at the same time.
For a joint lawsuit 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 one of the defendants' infringement was committed; for a lawsuit filed only against one of the defendants, the defendant's infringement The people's court at the place where the act is committed has jurisdiction. For example, for infringement activities such as A's manufacturing, B's transportation, C's storage, and D's sale of infringing goods, if the rights holder files a joint lawsuit against all infringers, the defendant can choose the place where the infringement was committed (but not the place of residence) of any defendant; however, If only one defendant (If a manufacturer) sues, he can only sue in the court where the defendant's behavior was committed or where he is domiciled, but not in the court where the defendant was sold or where other infringing acts were committed.
It should be noted that according to relevant judicial interpretations, For civil dispute cases involving trademark infringement, if the above provisions are met, jurisdiction will no longer be determined based on the place where the infringement result occurs; the provisions in other judicial interpretations that determine jurisdiction based on the place where the infringement result occurs are no longer applicable to cases of trademark infringement disputes .
"Supreme People's Court on the Trial of Trademark Civil Disputes Interpretation of Several Issues on Applicable Laws" Article 6 of the Civil Action for infringement of the exclusive right to use a registered trademark shall be determined by the place where the infringement is committed, where the infringing goods are stored, or where the infringing goods are stored or where the infringing goods are stored or seized as stipulated in Articles 13 and 52 of the Trademark Law. The people's court at the place of seizure or the defendant's domicile has jurisdiction.
The storage place of the infringing goods specified in the preceding paragraph, It refers to the place where infringing goods are stored or concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, industry and commerce and other administrative agencies seal and detain infringing goods in accordance with the law.
Article 7 determines the place where different infringement acts are committed For a joint lawsuit filed by multiple defendants, the plaintiff may choose the jurisdiction of the People's Court where one of the defendants' infringement was committed; for a lawsuit filed only against one of the defendants, the People's Court of the place where the defendant's infringement was committed has jurisdiction.
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