SPC Adjusts Jurisdiction over IPR Civil Cases

2010/03/01

The Supreme People's Court (SPC) recently released a Circular on Adjusting the Standard for Jurisdiction of Local Courts over the Trial of First Instance of IPR Civil Cases, effective from February 1.

According to the Circular, SPC has jurisdiction over the trial of IPR civil cases with the subject matter of action at a value of over 200 million yuan, and the trial of case where the place of domicile of one party is outside its territorial jurisdiction or involving parties from foreign country, Hong Kong, Macao or Taiwan with size of litigation over 100 million yuan.

The local court determined by SPC has the jurisdiction over the trial of the cases with size of litigation less than 5 million yuan, and the trial of case where the place of one party is inside the territorial jurisdiction of the higher or intermediate people's court with value of at least 5 million yuan or not less than 10 million yuan. As of now, SPC has delegated the power to 92 local courts.
                                                                                             Source: www.sipo.gov.cn