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Supreme Court Denied Jurisdiction of Local Court on Right Dispute of Network Broadcast

On August 22, 2022, the Supreme People's Court reached (2022) the No.42 Civil Ruling (hereinafter referred to as the "Ruling"), making it clear that in specific type of civil case of infringement over the right to disseminate information via network, only under the exceptional circumstances where "the place of infringement and the domicile of the defendant can be hardly determined or outside the country", could "the place where the plaintiff found the infringing content on computer terminals and other equipment" be regarded as the place of infringement. That is to say, where the domicile of the defendant can be determined for domestic right dispute over network broadcast, the court located in place of plaintiff may not have jurisdiction on such dispute. 

In fact, the ruling overturned the widely accepted and applicable legal application of the jurisdiction connection point of the dispute over the right to disseminate information online. This will produce a wide and profound impact on the specific type of civil cases that infringe on the right to disseminate information online, as well as copyright infringement cases including other rights or interests of copyright, and the jurisdiction of complex cases involving overlapping and competing copyright infringement and unfair competition, which deserves further attention from relevant right holders and judicial practitioners.