What are the criteria for determining the jurisdiction of intellectual property disputes?

Intellectual property rights are recognized and protected by law. Our country has also specially formulated relevant intellectual property laws and regulations to adjust intellectual property rights. If both parties have disputes over intellectual property rights, they can file a lawsuit in the People's Court. Prosecution requires determination of jurisdiction. So, how is the jurisdiction of intellectual property disputes determined? Below, the editor of Legal Savior Network will introduce the specific content to you in detail.

What are the criteria for determining the jurisdiction of intellectual property disputes

The first-instance cases of patent disputes shall be under the jurisdiction of the Intermediate People's Court where the people's government of each province, autonomous region, or municipality directly under the Central Government is located and the Intermediate People's Court designated by the Supreme People's Court. (Article 2 of "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases")

The first-instance cases of trademark civil disputes shall be under the jurisdiction of the people's courts at the intermediate level or above. Based on the actual situation in the jurisdiction, and with the approval of the Supreme People's Court, the people's courts may determine 1-2 grassroots people's courts in larger cities to accept first-instance trademark 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")

Copyright civil dispute cases are under the jurisdiction of the intermediate people's courts and above. Each higher people's court can 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. ("Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" Article 2)

First-instance civil cases against unfair competition are generally under the jurisdiction of the Intermediate People's Court, and the senior people's courts Based on the actual situation in its jurisdiction and with the approval of the Supreme People's Court, the court may determine a number of basic people's courts to accept first-instance civil cases of unfair competition. Basic people's courts that have been approved to hear civil cases involving intellectual property rights may continue to accept them. ("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")

The Supreme People's Court issued the "About "Notice on Adjusting the Jurisdiction of First-Instance Intellectual Property Civil Cases by Local People's Courts at All Levels" adjusts the level jurisdiction standards for intellectual property civil cases.

The Higher People's Court has jurisdiction over first-instance civil intellectual property cases with a subject amount of more than 200 million yuan, as well as cases where the subject matter amount is more than 100 million yuan and the parties involved The domicile of one party is outside its jurisdiction or the first-instance civil intellectual property case involving foreign countries, Hong Kong, Macao and Taiwan.

The intermediate people's courts have jurisdiction over intellectual property civil cases below the above standards, except for cases that should be under the jurisdiction of basic people's courts designated by the Supreme People's Court as having jurisdiction over general intellectual property civil cases..

If there are problems that need to be communicated and resolved, if the content is If you are not sure and want to know more, it is recommended that you seek help from an online lawyer on the Legal Savior Network in a timely manner.