What are the relevant provisions on the jurisdiction of trademark infringement lawsuits
"Several Applicable Laws of the Supreme People's Court on the Trial of Trademark Civil Disputes" Interpretation of Issues" Article 6 Civil lawsuits filed due to infringement of the exclusive right to use a registered trademark shall be determined by the place where the infringement is committed, the place where the infringing goods are stored or where the infringing goods are stored or seized and impounded, as stipulated in Articles 13 and 52 of the Trademark Law. The people's court at the place where the Defendant is domiciled shall have jurisdiction. 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 customs, industrial and commercial and other administrative agencies seal and detain infringing goods in accordance with the law.
Article 7: For a joint lawsuit filed against multiple defendants involving different places where the infringement was committed, the plaintiff may choose the People's Court of the place where one of the defendants' infringement was committed to have jurisdiction; for a lawsuit filed against only one of the defendants, the plaintiff may The people's court in the place where the defendant's infringement was committed has jurisdiction. The storage place of infringing goods 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, industrial and commercial and other administrative agencies seal and detain infringing goods in accordance with the law, excluding temporary measures taken by the court to seize and seize infringing goods. location. 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 filed against multiple defendants involving different places where the infringement was committed, the plaintiff can choose the People's Court of the place where one of the defendants' infringement was committed to have jurisdiction; if it is filed against only one of the defendants Litigation, the people's court in the place where the defendant's infringement was committed has jurisdiction. For example, for infringements such as A's manufacturing, B's transportation, C's storage, D's sale of infringing goods, etc., if the right holder files a joint lawsuit against all infringers, he can choose any one The defendant's infringement is committed in the place where the defendant's infringement is committed, but not where he or she is domiciled. However, if only one defendant, such as the manufacturer, is sued, the defendant can only be sued in the court where the defendant's behavior was committed or domicile, but not in the place of sale or other places where the infringement was committed. Sue in court. According to relevant judicial interpretations, for civil disputes involving trademark infringement, if the above provisions are met, jurisdiction will no longer be determined based on the place where the infringement results occur; the provisions in other judicial interpretations regarding determining jurisdiction based on the place where the infringement results occur will not be determined. It can then be applied to cases of trademark infringement disputes.
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