China: Regulations On Beijing Courts' Jurisdiction Over Intellectual Property Civil Cases

Last Updated: 2 February 2018
Article by AFD China Intellectual Property

Beijing Higher People's Court issued the Regulations on Adjusting Beijing Courts' Jurisdiction over Intellectual Property Civil Cases to further define the scope of jurisdiction of Beijing courts over civil cases concerning intellectual property. The Regulations has been taken effect as of the date, November 2, 2017, on which it was issued. The table below is aimed at helping make the contents of the Regulations to be easy to understand and remember.

Courts Scope of Jurisdiction [Intellectual Property Civil Cases]
Basic Courts of Beijing Level of trial: first-instance and retrial cases

Cases of first-instance include intellectual property civil cases relating to copyrights, trademarks, technology contracts, unfair competitions, license contracts, etc., which meet any one of the following conditions:
  1. The subject matter value of the case is less than CNY 100 million and the domiciles of both parties are in Beijing;
  2. The subject matter value of the case is less than CNY 50 million and one party's domicile is not in Beijing, or at abroad or in Macau, Hong Kong or Taiwan.
Retrial cases: Retrial cases applied to the court against the civil judgements, rulings, or mediation agreements on intellectual property right made by the court.
Beijing Intellectual Property Court Level of trial: first-instance, second-instance, and retrial cases

Cases of first-instance include:
  1. Intellectual property civil cases relating to patents, new varieties of plants, layout designs of integrated circuits, technology secrets (know-how), computer software, monopolies or referring to well-known trademarks cognizance, which meet any one of the following conditions:

    1. The subject matter value of the case is less than CNY 200 million and the domiciles of both parties are in Beijing;
    2. The subject matter value of the case is less than CNY 100 million and one party's domicile is not in Beijing, or at abroad or in, Macau, Hong Kong or Taiwan.
  2. Intellectual property civil cases of copyrights, trademarks, technology contracts, unfair competitions, license contracts, etc., which meet any one of the following conditions:

    1. The subject matter value of the case is more than CNY 100 million and less than CNY 200 million, and the domiciles of both parties are in Beijing;
    2. The subject matter value of the case is more than CNY 50 million and less than CNY 100 million, and one party's domicile is not in Beijing, or at abroad or in Macau, Hong Kong or Taiwan.
  3. Intellectual property civil cases of first instance which are of significant influence in Beijing (excluding retrial cases against a closed case tried by a basic court)
Cases of second instance: Cases which are appeals against the civil judgments or rulings on intellectual property right made by the basic people's court of the trial of first instance.

Retrial cases:
  1. Cases applied to Beijing Intellectual Property Court instead of the basic court against the legally effective civil judgements, rulings or mediation agreements on intellectual property made by the basic people's court.;
  2. Retrial cases the party/parties apply to the court against the legally effective civil judgements, rulings or mediation agreement on intellectual property made by the court.
Beijing Higher People's Court Level of trial: first instance, second instance, and retrial cases.

Cases of first instance includes:
  1. The subject matter value of the case is more than CNY 200 million and the domiciles of both parties are in Beijing;
  2. The subject matter value of the case is more than CNY 100 million and one party's domicile is not in Beijing, or at abroad or in Macau, Hong Kong or Taiwan;
  3. Other intellectual property civil cases of first instance which are of significant influence in Beijing.

Cases of second instance: cases brought up to an upper-level court against the civil judgements or rulings on intellectual property right made by Beijing Intellectual Property Court of the trial of first instance.

Retrial cases: Retrial Cases applied to Beijing Higher People's Court instead of Beijing Intellectual Property Court against the legally effective civil judgements, rulings or mediation agreement on intellectual property right made by Beijing Intellectual Property Court.

Upgraded jurisdiction An upper-level court may request upgraded jurisdiction for intellectual property civil cases of first instance, which are of significant influence and under the jurisdiction of a lower-level court. If necessary, a lower-level court may report to and require an upper-level court to hear an intellectual property civil case in the jurisdiction of the lower-level court.
Notes:

The term "more than" herein includes the mentioned figure.

While, the term "less than" herein does not include the mentioned figure.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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