China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

SPC Amends Jurisdiction Rules for IP Cases

Mon, 30 May 2022
Categories: China Legal Trends

On 20 Apr. 2022, China’s Supreme People’s Court (SPC) released the “Several Provisions on the Jurisdiction of Civil and Administrative First-Instance Cases of Intellectual Property” (《关于第一审知识产权民事、行政案件管辖的若干规定》, hereinafter referred to as the “Provisions”), which took effect on 1 May 2022.

The main purpose of the Provisions is to concentrate the jurisdiction over intellectual property (IP) cases in courts with sufficient professional competency.

The Provisions divides the jurisdiction over IP cases into three categories:

(1) For highly-technical, significant, difficult, and complicated IP cases:

These cases are under the jurisdiction of the IP courts nationwide, the intermediate people’s courts in provincial capitals, as well as the intermediate people’s courts designated by the SPC.

Cases of this type may involve invention patents, utility model patents, new plant varieties, layout designs of integrated circuits, technology secrets, computer software ownership, infringement disputes, and monopoly disputes.

(2) For IP cases with a certain degree of specialization:

These cases are under the jurisdiction of IP courts and immediate people’s courts nationwide, as well as the primary people’s courts designated by the SPC.

Cases of this type include disputes over the ownership or infringement of design patents and conflicts over the recognition of well-known trademarks.

(3) For ordinary IP cases:

These cases are under the jurisdiction of intermediate people’s courts nationwide or the primary people’s courts designated by the SPC.

Cases of this type may include disputes arising from copyright contracts, copyright ownership, copyright infringement, trade secret contracts, and so on.

 

 

Cover Photo by Lavinia Occeña on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

SPC Publishes Typical Cases on Public Security Crimes

In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.

Beijing Court Upholds Workers' Right to Offline Rest

The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.