In January 2010, the Supreme People’s Court adjusted the standards for processing first instance civil cases concerning intellectual properties at different levels of people’s courts according to the actual circumstances during the enforcement of the amended Civil Procedure Law. For this purpose, the Supreme People’s Court issued the Notice on Adjusting the Standard of First Instance Civil Cases Concerning Intellectual Properties at Different Levels of People’s Courts and the Notice on Printing the Standard of First Instance Civil Cases Concerning Intellectual Properties at Basic People’s Courts. An introduction on the said jurisdiction levels is given as follows:

1. Patent Cases

First instance cases concerning patent disputes will be heard by the intermediate people’s courts of the cities where the People’s Governments of the provinces, autonomous regions and municipalities directly under the jurisdiction of the Central Government are located, or by the intermediate people’s courts appointed by the Supreme People’s Court.

For first instance cases concerning patent disputes, cases having a disputed sum of more than RMB 200,000,000, cases having a disputed sum of more than RMB 100,000,000 in which the domicile of one party is not within the same jurisdiction, and cases which involve foreign factors or involve Hong Kong, Macao or Taiwan will be heard by the high people’s courts.

2. Trademark Cases

For first instance civil cases concerning trademark disputes, cases having a disputed sum of less than RMB 5,000,000, and cases having a disputed sum of more than RMB 5,000,000 but less than 10,000,000 in which domiciles of all parties are within the jurisdiction of the high or intermediate people’s court (specific standards will be determined by the relevant high people’s courts and submitted to the Supreme People’s Court for approval) will be heard by basic people’s courts having jurisdiction over general civil cases concerning intellectual properties, as appointed by the Supreme People’s Court.

For first instance cases concerning trademark disputes, cases having a disputed sum of more than RMB 200,000,000, cases having a disputed sum of more than RMB 100,000,000 in which the domicile of one party is not within the same jurisdiction, and cases which involve foreign factors or involve Hong Kong, Macao or Taiwan will be heard by the high people’s courts.

Besides civil cases concerning trademark rights that are subject to the jurisdiction of the basic people’s courts appointed by the Supreme People’s Court and those that are subject to the jurisdiction of the high people’s courts, other civil cases concerning trademark rights shall be subject to the jurisdiction of intermediate people’s courts.

Civil cases concerning recognition of well-known trademarks will be heard by intermediate people’s courts of the cities where the People’s Governments of the provinces, autonomous regions, and municipalities directly under the jurisdiction of the Central Government are located and by the intermediate people’s courts of cities with independent planning status (if any other intermediate people’s court hears such civil cases, the cases shall be reported to the Supreme People’s Court for approval).

3. Copyright Cases

For first instance civil cases concerning copyright disputes, cases having a disputed sum of less than RMB 5,000,000, and cases having a disputed sum of more than RMB 5,000,000 but less than 10,000,000 in which the domiciles of all parties are within the jurisdiction of the high or intermediate people’s court (specific standards will be determined by the relevant high people’s courts and submitted to the Supreme People’s Court for approval) will be heard by basic people’s courts having jurisdiction over general civil cases concerning intellectual properties, as appointed by the Supreme People’s Court.

For first instance cases concerning copyright disputes, cases having a disputed sum of more than RMB 200,000,000, and cases having a disputed sum of more than RMB 100,000,000 in which the domicile of one party is not within the same jurisdiction, and cases which involve foreign factors or involve Hong Kong, Macao or Taiwan will be heard by the high people’s courts.

Besides civil cases concerning copyrights that are subject to the jurisdiction of the basic people’s courts appointed by the Supreme People’s Court and those that are subject to the jurisdiction of the high people’s courts, other civil cases concerning copyrights shall be subject to the jurisdiction of intermediate people’s courts.

4. Unfair Competition Dispute Civil Cases Specified in Articles 5, 9, 10 and 14 of the Anti-Unfair Competition Law

For first instance civil cases concerning unfair competition, cases having a disputed sum of less than RMB 5,000,000, and cases having a disputed sum of more than RMB 5,000,000 but less than 10,000,000 in which the domiciles of all parties are within the jurisdiction of the high or intermediate people’s court (specific standards will be determined by the relevant high people’s courts and submitted to the Supreme People’s Courts for approval) will be heard by basic people’s courts having jurisdiction over general civil cases concerning intellectual properties, as appointed by the Supreme People’s Court.

For first instance cases concerning unfair competition, cases having a disputed sum of more than RMB 200,000,000, and cases having a disputed sum of more than RMB 100,000,000 in which the domicile of one party is not within the jurisdiction, and cases which involve foreign factors or involve Hong Kong, Macao or Taiwan will be heard by the high people’s courts.

Besides civil cases concerning unfair competition that are subject to the jurisdiction of the basic people’s courts appointed by the Supreme People’s Court and those that are subject to the jurisdiction of the high people’s courts, other civil cases concerning unfair competition shall be subject to the jurisdiction of intermediate people’s courts.

5. Other Cases

Civil cases involving disputes over new plants will be heard for the first instance by the people’s courts of cities where the People’s Governments of the provinces, autonomous regions, and municipalities directly under the jurisdiction of the Central Government are located, or by the intermediate people’s courts appointed by the Supreme People’s Court.

Civil cases involving disputes over designs of integrated circuit layout will be heard for the first instance by the people’s courts of cities where the People’s Governments of the provinces, autonomous regions, and municipalities directly under the jurisdiction of the Central Government are located, by the people’s courts of the special economic zones, or by the intermediate people’s courts in Dalian, Qingdao, Wenzhou, Foshan and Yantai.

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