Notice of the Supreme People's Court on the adjustment of a local people's Court of first instance jurisdiction of civil cases of intellectual property right standard
(method 2010) (No. 5)

The provinces, autonomous regions, municipalities directly under the central government, the Supreme People's court, PLA military court, the production and Construction Corps Branch of the higher people's Court of the Xinjiang Uygur Autonomous Region:

In order to further strengthen the Supreme People's court and the higher people's Court of intellectual property adjudication supervision and guidance functions, a reasonable balance of the people's courts at all levels of the burden of work, according to the actual situation of the people's court in the trial of intellectual property rights in the implementation of the Civil Procedure Law revised, we will adjust the local people's courts at all levels of jurisdiction of first instance civil intellectual property the standard of case, are hereby notified as follows:

A higher people's Court of jurisdiction, litigation value more than 200000000 yuan in the first instance civil cases of intellectual property right, and the subject of litigation in the amount of 100000000 yuan and a party abode not in its area or foreign, Hong Kong and Macao related first instance civil cases of intellectual property right.

Two, for the following this notice the first criterion of first instance IPR civil cases, in addition to a designated by the Supreme People's court jurisdiction over general IP civil cases of the basic people's courts, are under the jurisdiction of the intermediate people's court.

Three, the Supreme People's court has jurisdiction over a specified general civil cases of intellectual property right of the grassroots people's court, jurisdiction of litigation in the amount of 5000000 yuan of the following the first instance of the general civil cases of intellectual property right, and the subject of litigation in the amount of 5000000 yuan and 10000000 yuan and it when the domicile in the senior or the intermediate people's Court of first instance jurisdiction of the general civil cases of intellectual property right, specific criteria by the higher people's court to determine and report the approval of the Supreme People's court.

Four, the major difficult, a new type and has universal significance in the application of the law of intellectual property rights in civil cases, can be in accordance with the provisions of the Civil Procedure Law Article thirty-ninth, a superior people's court shall decide by the hearing, according to the people's court at a lower level or be decided by the courts.

Five, patent, new plant varieties, integrated circuit layout design cases and relates to the well-known trademark disputes and monopoly disputes and other special types of first instance civil cases of intellectual property right, to determine the jurisdiction should also conform to the special provisions of the Supreme People's court jurisdiction relating to the case.

Six, the military court of first instance IPR civil cases within the military standard, with reference to the implementation of the local people's courts at the local standard.

Seven, the circular, need to add the specified has jurisdiction over general IP civil cases of the basic people's court, the higher people's court shall be the basic people's court as the court of first instance IPR civil cases general standards to be reported to the Supreme People's court approval.

Eight, the notice of the alleged "above" includes the number, "following" does not include the number of.

Nine, this Circular shall be implemented as of February 1, 2010. Already before the admissibility of the case, in accordance with the original standards still.

Encountered problems in the implementation process of this notice, please promptly report to the Supreme People's court.

Two January 28th 2010

[note]: BloggerAccording to the provisions of article second of the notice, Beijing city with the grass-roots court jurisdiction over intellectual property cases is the East (including Yuan Chongwen), West (Hara Nobutake), Chaoyang, Haidian, Fengtai, Shijingshan and Changping, under the jurisdiction of litigation in the amount of 5000000 yuan of the following the first instance of a general civil cases of intellectual property right and the amount of subject matter of litigation in 5000000 yuan of above 10000000 yuan of the following and the domicile in Beijing Higher People's Court of first instance jurisdiction of the general civil cases of intellectual property right.