I. Rules governing the level of jurisdiction of the shanghai court of justice in cases involving knowledge of the production of property
Except for the hierarchy
The corresponding rules of territorial jurisdiction should also be observed
Ii. Rules of geographical jurisdiction
(i) civil cases
In civil cases, it is primarily the right of disputeTort disputes, contractual disputes, among others, where tort dispute jurisdiction is more specific, the following is mainly a description of the rules of territorial jurisdiction in common known tort cases。
In the case of a civil tort at the first instance of intellectual property, it is the jurisdiction of the people's court of the place of infringement or the place of residence of the defendant. Among these, the place of violation includes the place where the violation was committed and the place where the violation occurred. In the case of violations of information networks, violations are committed in places where information equipment, such as computers that have committed the violations complained of, and where violations have occurred in places where the victims have their places of residence. (base: article 29 of the civil procedure law of the people's republic of china, supreme people's court on the application
Arts. 24, 25)
However, in the different types of ipr tort cases, the provisions on the place of tort in territorial jurisdiction differ:
Litigation for patent infringement is generally governed by the people's court of the place of infringement or the place of residence of the defendant. These include the place where the acts of manufacture, use, promise to sell, sale, import, etc. Of products that have been sued for infringement of inventions, practical new patent rights, etc., are committed; the place where the use of the products obtained directly from the patent method is committed, the place where the promise to sell, sell, import etc. Is committed; the place where the manufacture, promise to sell, sale, import, etc. Of the patent products that appear to be designed for use; and the place where the forgery of the patent is committed. Violations occur where they occur. (by article ii of the supreme people's court on certain provisions of the law applicable to the trial of patent disputes)
The jurisdiction of the civil case of the first instance, in the case of a trademark tort, includes only the place where the tort was committed, the place where the tort commodity was stored or seized, and the place where the defendant was domiciled. In this case, the place of storage of illicit goods is the place of large or regular storage or concealment of the illicit goods, and the place of seizure is the place of seizure and seizure of the illicit goods by administrative authorities such as customs. (base: article 6 of the supreme people's court interpretation of certain issues of the law applicable to the hearing of civil disputes over marks)
The jurisdiction of the first instance civil case in a suit for copyright violation includes only the place where the violation was committed, the place where the tort was stored or the place where the detention was seized, and the place where the defendant was domiciled. In this case, the place of storage of a tort replica is the place of large or operational storage, the place of concealment of the tort replica, and the place of seizure is the place where the tort replica is seized and seized by administrative authorities such as customs, copyrights, commerce, etc. In accordance with the law. (base: article 4 of the supreme people's court interpretation of certain issues of the law applicable to hearing civil disputes over copyright)
Litigation for violation of the right to dissemination of information networks is under the jurisdiction of the people's court of the place of violation or the place of residence of the accused. Torts include the location of equipment such as network servers, computer terminals and so forth, where the violations were committed. The location of equipment such as computer terminals in which the plaintiff discovered the content of the tort could be considered a place of tort if it was difficult to identify or to locate outside the territory. (by virtue of article 15 of the provisions of the supreme people's court on certain questions of the law applicable in cases of infringement of the right to disseminate information networks)
(ii) administrative cases
The people's court of the place where the administrative act was first made, or the people's court of the place where the review body was located, may also hear the case reviewed。
(iii) criminal cases
Criminal cases are under the jurisdiction of the people's court of the place where the crime was committed. The place where the crime was committed includes the place where the crime was committed and the place where the results were committed. For offences committed against or using a computer network, the place of the offence includes the location of the website server in the place where the offence was committed, the place where the network was accessed, the site where the site was created, the place where the site was managed, the location of the computer information system that was violated and its manager, the location of the accused, the computer information system used by the victim and the place where the property of the victim was damaged。
If the people's court of the defendant's place of residence is more appropriate, it may be administered by the people's court of the defendant's place of residence. The domicile of the accused is his place of residence. If the place of habitual residence is inconsistent with the domicile, the place of habitual residence is the place of residence. The habitual residence is a place where the accused has resided continuously for more than one year before being prosecuted, except in hospital。
A criminal case involving a unit offence, which is more appropriately governed by the people's court of the place of residence of the respondent unit, may be governed by the people's court of the place of residence of the respondent unit. The domicile registered by the respondent unit is that of residence. If the location of the principal place of business or office is inconsistent with the registered place of residence, the place of residence is that of the main place of business or main office。
That is, the establishment of a court of jurisdiction in cases of knowledge should be based on a higher level of jurisdiction, and the corresponding territorial jurisdiction should be established, so that the case can be established twice as successful
