SPC Notice on Standards of Jurisdiction for the People's Courts at All Levels to Receive Intellectual Property Rights related Cases at the First Instance - 关于调整地方各级人民法院管辖第一审知识产权民事案件标准的通知
Released on January 28, 2010 and effective on February 1, 2010
On January 28, 2010, the Supreme People's Court (“SPC”) issued a Judicial Interpretation regarding the standards of jurisdiction for the people's courts at all levels to accept intellectual property rights related cases at the first instance. This judicial interpretation sets forth the standards, as follows:
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The High People's Courts (at the first instance) accepts the IPR related cases which are (1) at least RMB200 million, or at least RMB100 million and one of the parties is not domiciled in the region; or (2) the case that is foreign, HK, Macau or Taiwan related;
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The Grassroots People's Courts (at the first instance) accepts the IPR related cases which are (1) less than RMB5 million; or (2) at least RMB5 million but less than RMB10 million, and the parties are both domiciled in the jurisdiction of its governing High People's Court or Intermediate People's Court.
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The Intermediate People's Courts (at the first instance) accepts the IPR related cases according to the standards which are between the ones for the High People's Courts and the ones for the Grassroots People's Court;