Recently, the Shanghai Higher court, the Shanghai Procuratorate and the Shanghai Public Security Bureau countersigned the Provisions on Adjusting Jurisdiction of Intellectual Property Criminal cases. The Shanghai Higher Court issued the Provisions on Adjusting Jurisdiction over Civil and Administrative Cases of Intellectual Property Rights. The above two provisions will come into force on July 1, 2022.

The provisions on criminal jurisdiction stipulates that intellectual property criminal cases are criminal cases stipulated in Section 7 of Chapter III of the Criminal Law, namely, "crimes of infringement of intellectual property", which includes eight crimes, such as the crime of counterfeiting registered trademarks. Criminal cases of intellectual property rights of the first instance shall be under the jurisdiction of the grass root courts within the jurisdiction, those prosecuted by the Shanghai Railway Transportation Procuratorate shall be under the jurisdiction of the Shanghai Railway Transportation Court, and those prosecuted by the third branch of the Municipal Procuratorate shall be under the jurisdiction of the Third Intermediate Court. Appeals against the above-mentioned first instance judgments and rulings and intellectual property criminal cases protested by the Procuratorate are under the jurisdiction of the Third Intermediate Court.

The provisions on civil and administrative jurisdiction stipulate the specific scope of intellectual property civil and administrative cases. Civil and administrative cases of intellectual property in the first instance are under the jurisdiction of the grass root courts within the jurisdiction, but the Court of Xuhui District also has jurisdiction over the civil cases of trademark rights in the first instance with Shanghai Xumeng Information Technology Co., Ltd. as the defendant. Administrative cases of first instance against administrative acts involving copyright, trademark rights and patent rights and committed by the governments and customs at or above the district level shall be under the jurisdiction of the Shanghai Intellectual Property Court. The first instance cases involving invention patents, technical secrets with subject matter of action of over 200 million yuan, or the same type of cases with subject matter of action of over 100 million yuan and involving foreign interests, Hong Kong, Macao and Taiwan, and the domicile of one party that is not within its jurisdiction, or other first instance intellectual property cases with the subject matter of action of more than 5 billion yuan, shall be under the jurisdiction of the Shanghai Higher court.