Which court should have jurisdiction over intellectual property cases
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 cases of trademark civil disputes are under the jurisdiction of the intermediate people's courts and above. Each higher people's court, based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court, can determine 1-2 grassroots people's courts in larger cities to accept first-instance trademarks. 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 review decision or ruling made by the Trademark Review and Adjudication Board of the State Council Administration for Industry and Commerce shall be handled by the Beijing Municipal Government The First Intermediate People's Court has jurisdiction.
Copyright civil dispute cases byThe people's courts at the intermediate level and above have jurisdiction. Each higher people's court may 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. [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 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 cases based on the actual conditions of its jurisdiction and with the approval of the Supreme People's Court. The grassroots people's courts accept first-instance civil cases of unfair competition, and 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]
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