The jurisdiction of the courts in intellectual property (IP) cases in China differs from that in ordinary civil and commercial cases. Not all basic-level courts can accept IP cases, and the hierarchy of court jurisdiction in IP cases also differs from that in other civil and commercial disputes.
Hierarchy of jurisdiction
The term “hierarchy of jurisdiction” refers to the division of authority between higher and lower level People’s Courts, and which is to be the court of first instance when a dispute arises. The Supreme People’s Court Notice on Adjusting Jurisdiction by Local People’s Courts at Each Level in Intellectual Property Civil Dispute Cases (the Notice) was implemented from 1 February 2010. The Notice adjusts and standardizes the criteria for jurisdiction in civil intellectual property dispute cases by higher, intermediate and basic level People’s Courts.
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Higher People’s Courts will hear intellectual property civil cases at first instance where the amount at issue is RMB200 million (US$29 million)or more; and where the amount at issue is RMB100 million or more and where the domicile of one of the parties is outside the court’s jurisdiction or involves a foreign-related or a Hong Kong, Macao or Taiwan-related matter.
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Wang Yadong is executive partner at Run Ming Law Office.
Gao Song is a partner at Run Ming Law Office.
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