• Area of Law： Public Security
• Level of Authority： Local Judicial Documents
• Date issued：11-02-2017
• Effective Date：11-02-2017
• Status： Effective
• Issuing Authority： Higher People's Court of Beijing Municipality

Provisions of the Higher People's Court of Beijing Municipality on Adjusting the Jurisdiction of the People's Courts in Beijing Municipalities over Civil Cases regarding Intellectual Property
In order to further specify the jurisdiction of the people's courts in Beijing Municipality over civil cases regarding intellectual property, in accordance with the Civil Procedure Law of the People's Republic of China, the Notice of the Supreme People's Court on Adjusting the Standards for the Jurisdiction of Local People's Courts at Various Levels over Civil Cases of First Instance regarding Intellectual Property, and the Provisions of the Supreme People's Court on the Jurisdiction of the Intellectual Property Courts of Beijing, Shanghai, and Guangzhou over Cases and in light of the actual work circumstances of the people's courts in Beijing Municipality, the jurisdiction of the people's courts in Beijing Municipality over civil cases regarding intellectual property are hereby prescribed as follows:
I. [Jurisdiction of the Higher People's Court of Beijing Municipality] The Higher People's Court of Beijing Municipality has jurisdiction over the following civil cases regarding intellectual property:
(1) first instance civil cases regarding intellectual property where the subject matter of the action is not less than CNY200 million and the parties are domiciled in Beijing Municipality as well as first instance civil cases regarding intellectual property where the subject matter of the action is not less than CNY100 million and one party is not domiciled in Beijing Municipality, or he or it is a foreign party or a party from Hong Kong, Macao, or Taiwan;
(2) cases where any party appeals against a civil judgment or ruling for a case of first instance regarding intellectual property as rendered by the Beijing Intellectual Property Court;
(3) cases where any party applies for retrial against an effective judgment, ruling, or mediation agreement for a case regarding intellectual property as rendered by the Beijing Intellectual Property Court, except those where any party applies for retrial to the Beijing Intellectual Property Court according to the law; and
(4) other first instance civil cases regarding intellectual property that have significant impacts in Beijing Municipality.
II. [Jurisdiction of the Beijing Intellectual Property Court] The Beijing Intellectual Property Court has jurisdiction over the following civil cases regarding intellectual property:
(1) first instance civil cases regarding intellectual property including patents, new varieties of plants, layout designs of integrated circuits, know-how, computer software, monopoly as well as identification of well-known trademarks where the subject matter of the action is not more than CNY200 million and the parties are domiciled in Beijing Municipality as well as those where the subject matter of the action is not more than CNY100 million and one party is not domiciled in Beijing Municipality or he or it is a foreign party or a party from Hong Kong, Macao, or Taiwan;
(2) first instance civil cases regarding intellectual property where the subject matter of the action is not less than CNY100 million but not more than CNY200 million and the parties are domiciled in Beijing Municipality as well as first instance civil cases regarding intellectual property including copyrights, trademarks, technical contracts, unfair competition, and franchising contracts where the subject matter of the action is not less than CNY50 million but not more than CNY100 million and one party is not domiciled in Beijing Municipality or he or it is a foreign party or a party from Hong Kong, Macao, or Taiwan;
(3) cases where any party appeals against a civil judgment or ruling for a first instance case regarding intellectual property rights as rendered by all basic-level people's courts;
(4) cases where any party applies for retrial against an effective civil judgment, ruling, or mediation agreement for a case regarding intellectual property as rendered by the basic-level people's court, except those where any party applies for retrial to the basic-level people's court according to the law; and
(5) other first instance civil cases regarding intellectual property that have significant impacts in Beijing Municipality except those as prescribed in item (4) of Article 1 herein.
III. [Jurisdiction of basic-level courts] The basic-level courts have jurisdiction over first instance civil cases regarding intellectual property including copyrights, trademarks, technical contracts, unfair competition, and franchising contracts where the subject matter of the action is not more than CNY100 million and the parties are domiciled in Beijing Municipality as well as those where the subject matter of the action is not more than CNY50 million and one party is not domiciled in Beijing Municipality or he or it is a foreign party or a party from Hong Kong, Macao, or Taiwan.
IV. [Higher-level jurisdiction] In accordance with the provisions of Article 38 of the Civil Procedure Law, for a first instance civil case regarding intellectual property with significant impacts under the jurisdiction of a people's court at the lower level, the people's court at the higher level may exercise higher-level jurisdiction; where the people's court at the lower level deems that it is necessary for the people's court at the higher level to try a first instance civil case regarding intellectual property under its jurisdiction, the people's court at the lower level may submit a request to the people's court at the higher level for its trial of the case.
V. [Others] For the purpose of these Provisions, the term “not less than” includes the figure itself and the term “not more than” does not include the figure itself.
VI. [Implementation] These Provisions shall come into force on the date of issuance. The former Provisions of the Higher People's Court of Beijing Municipality on the Hierarchical Jurisdiction of the People's Courts of Beijing at Various Levels over First Instance Cases regarding Civil Disputes over Intellectual Property (No. 173 [2008], Higher People's Court, Beijing) shall be repealed concurrently. The power to interpret these Provisions shall remain with the Docketing Tribunal and the No. 3 Civil Tribunal of the Higher People's Court of Beijing Municipality.
Higher People's Court of Beijing Municipality
November 2, 2017