Adjusting the Jurisdiction of Courts in Shanghai Municipality over Civil Intellectual Property Right Cases

 2018-06-18  23



  • Area of Law Public Security Economic Litigation
  • Level of Authority Local Judicial Documents
  • Date issued02-19-2016
  • Effective Date03-01-2016
  • Status Effective
  • Issuing Authority Higher People's Court of Shanghai Municipality



Announcement of the Shanghai High People's Court on Issuing the Provisions of the Shanghai High People's Court on Adjusting the Jurisdiction of Courts in Shanghai Municipality over Civil Intellectual Property Right Cases
For the purpose of adjusting the hierarchical jurisdiction after the establishment of the intellectual property court and the territorial jurisdiction after the merging of Jing'an District and Zhabei District into a new district, as deliberated and adopted by the judicial committee of the Shanghai High People's Court, the Shanghai High People's Court developed and issued the Provisions of the Shanghai High People's Court on Adjusting the Jurisdiction of Courts in Shanghai Municipality over Civil Intellectual Property Right Cases (No. 35 [2016], Shanghai High People's Court) and hereby announce the Provisions as follows

Provisions of the Shanghai High People's Court on Adjusting the Jurisdiction of Courts in Shanghai Municipality over Civil Intellectual Property Right Cases
For the purpose of further improving the mechanism for determining the jurisdiction of courts in Shanghai Municipality over cases of intellectual property rights ("IPR"), in accordance with the Provisions of the Supreme People's Court on the Jurisdiction over Cases of Intellectual Property Courts in Beijing, Shanghai and Guangzhou and the Notice of the Supreme People's Court on the Jurisdiction over Cases of Intellectual Property Courts and Other Relevant Issues, and in light of the actual circumstances of courts in Shanghai, the following Provisions are hereby made with regard to the jurisdiction over civil IPR cases in Shanghai:
I. Jurisdiction of basic courts. Basic people's courts shall have jurisdiction over first-instance civil IPR cases such as those concerning copyrights, trademarks, unfair competition, technology contracts, and franchise contracts, excluding those that shall fall under the jurisdiction of intellectual property courts as prescribed by laws and judicial interpretations.
When exercising jurisdiction over the aforesaid cases, basic people's courts are not bound by the restrictions on the monetary amount of litigation subject matters.
II. Jurisdiction of the intellectual property court. The intellectual property court in Shanghai shall have jurisdiction over the following civil IPR cases:
(1) First-instance civil cases of patents, new plant varieties, integrated circuit layout designs, technical secrets, computer software, and monopoly, among others, where the monetary amount of the litigation subject matter is less than 100 million yuan and the domicile of one of the parties concerned is not in Shanghai or where foreign, or Hong Kong, Macao or Taiwan elements are involved, or, where the monetary amount of the litigation subject matter is less than 200 million yuan and the domiciles of all the parties concerned are in Shanghai; and first-instance civil cases concerning the recognition of well-known trademarks.
(2) Cases of appeals against the first-instance civil IPR judgments or rulings rendered by basic people's courts.
(3) Cases of retrial applications with regard to the legally binding civil IPR judgments, rulings or mediation statements rendered by basic people's courts.
III. Jurisdiction of the high court. The Shanghai High People's Court shall have jurisdiction over the following civil IPR cases:
(1) First-instance civil cases of patents, new plant varieties, integrated circuit layout designs, technical secrets, computer software, and monopoly, among others, where the monetary amount of the litigation subject matter is 200 million yuan or more, or, where the monetary amount of the litigation subject matter is 100 million yuan or more and the domicile of one of the parties concerned is not in Shanghai or where foreign, or Hong Kong, Macao or Taiwan elements are involved.
(2) Cases of appeals against the first-instance civil judgments or rulings rendered by the intellectual property court.
(3) Cases of retrial applications with regard to the legally binding civil judgments, rulings or mediation statements rendered by the intellectual property court.
IV. Cross-district centralized jurisdiction. The Pudong New Area People's Court shall govern first-instance IPR cases within the jurisdictions of the Pudong New Area. The Huangpu District People's Court shall govern first-instance IPR cases within the jurisdictions of Huangpu District and Changning District. The Yangpu District People's Court shall govern first-instance IPR cases within the jurisdictions of Yangpu District, Hongkou District, Baoshan District and Chongming County. The Xuhui District People's Court shall govern first-instance IPR cases within the jurisdictions of Xuhui District, Songjiang District and Jinshan District. The Minhang District People's Court shall govern first-instance IPR cases within the jurisdictions of Minhang District and Fengxian District. The Putuo District People's Court shall govern first-instance IPR cases within the jurisdictions of Putuo District, Jing'an District, Jiading District and Qingpu District.
V. Interpretation. These Provisions shall be subject to interpretation by the Judicial Committee of the Shanghai High People's Court.
VI. Implementation. These Provisions shall come into force on March 1, 2016. The Provisions of the Shanghai High People's Court on the Jurisdiction over First-Instance Cases of Intellectual Property Rights (No. 6 [2011], Shanghai High People's Court), as deliberated and adopted at the eighth session of the Judicial Committee of the Shanghai High People's Court in 2011, shall be repealed concurrently.
Shanghai High People's Court
February 19, 2016