How to determine the jurisdiction over trademark infringement

Generally speaking, the people's court has jurisdiction over the place where the infringement is committed, where the infringing goods are stored or seized, or where the defendant is domiciled. And the aforementioned storage place of infringing goods refers to the place where infringing goods are stored and concealed in large quantities or regularly, while the place of seizure and seizure refers to the place where customs and other administrative agencies seal and detain infringing goods in accordance with the law. Regarding the issue of how to determine the jurisdiction of trademark infringement, the editor of Legal Savior Network will answer it in detail for you below.

1. How to determine the jurisdiction over trademark infringement

1. Trademark infringement How to determine the jurisdiction of rights: Generally speaking, the people's court has jurisdiction over the place where the infringement is committed, the place where the infringing goods are stored or seized, and the place where the defendant is domiciled. And the aforementioned storage place of infringing goods refers to the place where infringing goods are stored and concealed in large quantities or regularly, while the place of seizure and seizure refers to the place where customs and other administrative agencies seal and detain infringing goods in accordance with the law.

2. Legal basis: According to "Several Issues concerning the Application of Law in the Trial of Civil Trademark Disputes by the Supreme People's Court" Article 6 of the Interpretation of the Trademark Law stipulates that civil lawsuits filed due to infringement of the exclusive rights of registered trademarks shall be governed by Articles 13 and 57 of the Trademark Law The People's Court has jurisdiction over the place where the specified infringement is committed, the place where the infringing goods are stored or seized, and the place where the defendant is domiciled.

The storage place of infringing goods specified in the preceding paragraph 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 infringing goods are stored or concealed in large quantities or regularly. Customs and other administrative agencies shall seal up and detain the location of the infringing goods in accordance with the law.

2. How to determine the court with jurisdiction over trademark infringement

How to determine the court with jurisdiction over trademark infringement: first confirm the level of jurisdiction , that is, under the jurisdiction of the Intermediate People's Court and the Basic People's Court determined by the Intellectual Property Court and the Supreme People's Court. Then confirm the geographical jurisdiction, that is, the jurisdiction of the people's court where the defendant is domiciled or where the infringement occurred. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.