In order to further improve the jurisdiction system for intellectual property cases and reasonably position the judicial functions of the four-level courts, these Provisions are formulated in accordance with the "Civil Procedure Law of the People's Republic of China" and the "Administrative Procedure Law of the People's Republic of China" and other legal provisions, and in combination with intellectual property trial practice.

 

Article 1  Invention patents, utility model patents, new plant varieties, integrated circuit layout designs, technical secrets, ownership of computer software, infringement disputes, and first-instance civil and administrative cases of monopoly disputes shall be under the jurisdiction of the Intermediate People's Court determined by the Intellectual Property Court and the Intermediate People's Court of the place where the people's government of the province, autonomous region or municipality directly under the Central Government is located.

 

Where the law has provisions on the jurisdiction of intellectual property courts, such provisions shall be followed.

 

Article 2  The intellectual property court and the intermediate people's court have jurisdiction over the design patent ownership, infringement disputes, and first-instance civil and administrative cases involving the recognition of well-known trademarks; It can also be under the jurisdiction of the basic people's court with the approval of the Supreme People's Court, except for design patent administrative cases.

 

Where the subject matter of a first-instance intellectual property case other than those specified in Article 1 of these Provisions and Paragraph 1 of this Article exceeds the amount determined by the Supreme People's Court, and where the administrative acts of the State Council department, the local people's government at or above the county level, or the customs are involved, the Intermediate People's Court shall have jurisdiction.

 

Where the law has provisions on the jurisdiction of intellectual property courts, such provisions shall be followed.

 

Article 3  The first instance of intellectual property civil and administrative cases other than those specified in Articles 1 and 2 of these Provisions  shall be under the jurisdiction of the basic people's courts determined by the Supreme People's Court.

 

Article 4  For new types of intellectual property civil and administrative cases, which are difficult and complex, or have guiding significance for the application of law, he higher-level people's court may report to the lower-level people's court in accordance with the relevant provisions of the Procedural Law or decide on its own to raise the case for trial.

 

If it is really necessary to transfer the first-instance intellectual property civil case under the jurisdiction of this court to the lower-level people's court for trial, it shall be reported to the people's court at a higher level for approval on a case-by-case basis in accordance with the provisions of paragraph 1 of Article 39 of the Civil Procedure Law.

 

Article 5  If the Supreme People's Court is required to determine the jurisdiction or adjust the subject matter amount and the scope of jurisdiction in accordance with these Provisions, it shall be reported to the Supreme People's Court for approval.

 

Article 6  This regulation will come into force on May 1, 2022.

 

In the event of inconsistency between the judicial interpretations previously issued by the Supreme People's Court and these Provisions, these Provisions shall prevail.