China:
Regulations On Beijing Courts' Jurisdiction Over Intellectual Property Civil Cases
02 February 2018
AFD China
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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:
- The subject matter value of the case is less than CNY 100
million and the domiciles of both parties are in Beijing;
- 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:
- 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:
- The subject matter value of the case is less than CNY 200
million and the domiciles of both parties are in Beijing;
- 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.
- Intellectual property civil cases of copyrights, trademarks,
technology contracts, unfair competitions, license contracts, etc.,
which meet any one of the following conditions:
- 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;
- 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.
- 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:
- 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.;
- 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:
- The subject matter value of the case is more than CNY 200
million and the domiciles of both parties are in Beijing;
- 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;
- 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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