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With an aim to improve jurisdiction system of intellectual property cases and rationally position the trial functions of courts at all levels, the Supreme Court promulgated Several Provisions on Jurisdiction of Intellectual Property Civil and Administrative Cases of First Instance (hereinafter referred to as the "Provisions") on April 21, 2022, which will take effect on May 1, 2022.
According to the Provisions, seven types of civil and administrative cases of first instance with high demand of professionalism, such as invention patents, shall be under the jurisdiction of intellectual property courts, intermediate people's courts of provincial capitals and intermediate courts determined by the Supreme Court, so as to concentrate on fair and efficient trial of difficult and complicated cases.
The Provisions further stipulated that the intellectual property courts and the intermediate courts shall exercise jurisdiction over the ownership of design patents, infringement disputes and civil and administrative cases of first instance involving the identification of well-known trademarks.
In addition to those specified in the Provisions, other civil and administrative cases of intellectual property rights of first instance shall be under the jurisdiction of the grass-roots courts designated by the Supreme Court.
The Supreme Court meanwhile issued the Notice on Printing and Distributing Standards for Civil and Administrative Cases of Intellectual Property Rights of First Instance under the Jurisdiction of Grassroots Courts. The standards clearly defined the amount of litigation objects in civil cases and the specific reference standards for jurisdictional areas, which will come into force on May 1, 2022.