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Correct Jurisdiction Decides the Success or Failure of A Case



A computer software license contract dispute was eventually withdrawn after encountering various obstacles. The key to winning this lawsuit is how to correctly submit a jurisdiction objection.



1. Computer software license contract dispute. Company A and Company B signed the Cooperation Agreement.

2. The contract stipulates that Company B will provide related software products and services to customers of Company A.

3. After the two parties signed the contract, the performance of the contract encountered obstacles for various reasons. Company B's software was not delivered, Company A's remittance failed, and the both parites were deadlocked.

4. Company B filed a lawsuit in a basic people's court in Shanghai. The cause of this case when the court accepted it was a service contract dispute.



1. What type of dispute this case should be? Is service contract dispute or a computer software contract dispute?

2. Should this case be under the jurisdiction of Shanghai intellectual property court?




The defendant's objection to the jurisdiction of this case was established, and this case shall be transferred to Shanghai Intellectual Property Court for handling



1. The nature of this case

The object of the transaction in this case is the license of computer software, that is, the licensed use of computer software copyright. It can also be found from the evidence submitted by the plaintiff that the product name is "Real Time Platform, Price per named agent-new license", which means that this case is a computer software dispute, and the specific cause should be a computer software copyright license contract dispute , Not service contract disputes.


2. Court of jurisdiction

The Provisions of the Supreme People's Court on the Jurisdiction of the Intellectual Property Courts of Beijing, Shanghai and Guangzhou over Cases( Interpretation No. 12 [2014] of the Supreme People's Court), Article 1 (1) provides that " An intellectual property court as the court of first instance shall have jurisdiction over the following cases within its municipal jurisdiction: (1) Patent, new plant varieties, integrated circuit layout design, technical secrets, computer software civil and administrative cases "; Article 3, (3)stipulates that" the basic people's courts of Beijing, Shanghai, and Guangdong provinces shall no longer accept the cases specified in Articles 1 (1) and (3) of these regulations. "

According to the Article 2 (1) of the provisions of Shanghai Higher People's Court on adjusting the jurisdiction of intellectual property civil cases of this city's courts ( [2016] No. 35), "the intellectual property court shall have jurisdiction over the following intellectual property civil cases: (I) Civil cases in the first instance, such as patents, new varieties of plants, layout design of integrated circuits, technical secrets, computer software, monopolies, etc. with the subject-matter amount of less than RMB 100 million and the address of one party not in this city or foreign countries, Hong Kong, Macao and Taiwan, and the subject-matter of litigation less than RMB 200 million  and the address of both parties in this city, as well as civil cases in the first instance involving the recognition of well-known trademarks Pieces.

Therefore, as a civil case of computer software involving foreign countries, this case shall be under the jurisdiction of the Shanghai intellectual property court.