Who has jurisdiction over trademark disputes? How to determine the court with jurisdiction over trademark infringement
First of all, the level of jurisdiction of trademark cases is different from that of general civil cases. According to the "Regulations of the Supreme People's Court on the Trial of Trademark Cases" According to the Interpretation of Jurisdiction and Scope of Legal Application, first-instance cases of trademark civil disputes shall be under the jurisdiction of the people's courts above the intermediate level. 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 1-2 basic people's courts in larger cities to accept first-instance trademark civil dispute cases.
Regional jurisdiction shall be determined in accordance with the following principles:
1. Cases of infringement of exclusive rights to trademarks:
A lawsuit filed due to an infringement in accordance with the provisions of the Civil Procedure Law shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled. Therefore, cases of trademark infringement are generally under the jurisdiction of the intermediate people's court at the place where the infringement occurred or where the defendant is domiciled, or the grassroots court with jurisdiction over trademark cases. The place of infringement can be determined based on the provisions of Article 6 of the "Interpretations on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademarks". A civil lawsuit filed due to an infringement of the exclusive right to use a registered trademark shall be determined by the place where the infringement is committed and the storage of the infringing goods. The people's court has jurisdiction over the place where the case was seized or the place of seizure or the defendant's domicile. The storage place of infringing goods refers to the place where infringing goods are stored and 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. 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 where the infringement of one of the defendants 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 shall have jurisdiction Have jurisdiction.
2. Trademark contract dispute cases:
According to the provisions of the Civil Procedure Law, due to contract Litigation initiated in disputes shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or where the contract is performed. contractBoth parties may agree in a written contract to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, but the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction shall not be violated. If the place of performance agreed upon by the parties is inconsistent with the actual place of performance, the actual place of performance shall prevail. Therefore, the intermediate people's court in the above location or the basic people's court with jurisdiction over trademark cases has jurisdiction. For trademark cases where contractual liability and tort liability are concurrent, the competent court shall be determined according to the cause of action chosen by the parties.
3. Trademark ownership dispute cases:
The Intermediate People's Court at the defendant's domicile or the defendant The basic people's court with jurisdiction over trademark cases in the place of residence has jurisdiction.
4. Pre-litigation cessation of infringement and preservation cases:
Pre-litigation order to cessation of infringement of registered trademarks Applications for copyright infringement or evidence preservation shall be made to the people's court that has jurisdiction over trademark cases at the place where the infringement occurred or where the respondent is domiciled.
The above is the legal knowledge introduced to you by the editor of Legal Savior Network. From the detailed introduction above, we know that the specific circumstances of trademark rights disputes are different, so when filing a lawsuit in court, the courts with determined jurisdiction are also different, and the parties need to treat them differently. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.
