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Which court to find in Shanghai about intellectual property dispute?

Recently, Melink Law Firm received a client commission, acting for a computer software copyright dispute case. For this case, which court is in charge is the first problem to be solved. Due to the complexity of the jurisdictional links between various disputes relating to intellectual property rights, the intersection of entity and procedural issues, and the fragmented provisions on the jurisdiction of intellectual property dispute cases in various regions, especially foreign-related cases. Therefore, understanding the jurisdiction of such cases is the primary task to undertake such cases. If the court is incorrectly positioned, the plaintiff may be challenged by the defendant, and the duration of the entire case will be extended, the damage will  continue to expand. As a defendant, if the court is not found to have no jurisdiction in a timely manner, the right to challenge will be lost once entry into the proceedings.


Here's a brief introduction to the Shanghai court to let you know how to choose the right court to hear when you are caught up in an intellectual property dispute. On intellectual property civil disputes, it mainly involves three types of competent courts, the basic people's courts in Shanghai, the Shanghai Intellectual Property Court and the Shanghai High people's Court.


1. Basic people's courts implement cross-regional centralized jurisdiction


According to the law, the basic people's courts in Shanghai govern civil cases of first instance intellectual property rights arising from disputes such as copyrights, trademarks, unfair competition, technical contracts, franchise contracts, etc., except where legal and judicial interpretation provisions shall be governed by the Intellectual Property Court. The basic people's Court shall govern the above cases without the restriction of litigation amount.


The basic people's Courts shall exercise cross-regional centralized jurisdiction over the intellectual property cases accepted, which shall be heard mainly by the people's Courts of Shanghai Pudong New AreaXuhuiYangpu and Putuo district.

That is, Pudong new Area People's court jurisdiction in the Pudong new area of first Instance intellectual property;

Xuhui District People's Court governs the first instance intellectual property cases in Xuhui, Changning District, Minhang, Fengxian, Songjiang, Jinshan districts;

Yangpu District People's court governs the first instance intellectual property cases in Yangpu, Huangpu, Hongkou, Baoshan District and Chongming districts;

Putuo District People's Court governs first instance intellectual property cases in Putuo, Jingan, Jiading and Qingpu.

Under this mode, it is beneficial to unify the judgment scale and ensure the specialization of the trial of intellectual property cases. 


2. Shanghai intellectual property Court


Shanghai Intellectual Property Court was established in December 2014, the jurisdiction is the whole of Shanghai, have co-located office with the Shanghai Third Intermediate Peoples Court.  The following cases are heard mainly:


(1) Litigation amount under RMB 100 million and the residence of one of the parties is not in Shanghai or foreign, Hong Kong, Macao and Taiwan, as well as litigation amount under RMB 200 million and the parties ' residence is in the shanghai's patents, new plant varieties, integrated circuit layout design, technical secrets, computer software, monopoly and other first instance civil cases, And the first instance civil cases involving the recognition of well-known trademarks;


(2) Cases of appeal against civil judgments and rulings first instance intellectual property rights made by the basic people's courts;


(3) Cases of civil judgments, rulings and mediation of intellectual property rights in which the basic people's courts have already had legal effect have applied for retrial.


3. Shanghai high people's Court


The Shanghai High People's court mainly governs the following civil cases involving intellectual property rights:


(1) Litigation amount in more than RMB 200 million, as well as litigation amount in more than RMB 100 million and the residence of one of the parties is not in shanghai or foreign, Hong Kong, Macao and Taiwan patents, new varieties of plants, integrated circuit layout design, technical secrets, computer software, monopolies and other first instance civil cases;


(2) Cases of appeal against civil, administrative decisions and decisions of the first instance handed down by the intellectual Property Court;


(3) A case of application for retrial of a civil judgment, ruling or mediation that has already had legal effect in an intellectual property court.

Therefore, in the case of intellectual property disputes, the jurisdiction of the Court should be accurately positioned according to the type of case, the subject matter, the content involved, etc., so that disputes can be resolved quickly, fairly and impartially.


If you need help, please contact Melink, we will wholeheartedly serve you.