(Adopted at the 1858th meeting of the Judicial Committee of the Supreme People's Court on December 27, 2021,

and Effective as of May 1, 2022)

With a view to improve the jurisdiction system for intellectual property cases and reasonably position the judicial functions of the four levels of courts, these provisions are formulated in accordance with the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China and other legal provisions, and in light of the practice of intellectual property adjudication.

Article 1 The first instance civil and administrative cases of invention patents, utility model patents, new varieties of plants, integrated-circuit layout designs, technical secrets, computer software ownership, infringement disputes and monopoly disputes shall be under the jurisdiction of intellectual property courts, the intermediate people's courts where the provincial, autonomous regional, and municipal people's governments are located and the intermediate people's court determined by the Supreme People's Court.

Where there are provisions under law for the jurisdiction of intellectual property courts, such provisions shall be followed.

Article 2 The first instance civil and administrative cases of the ownership and infringement disputes of industrial design patents, the identification of well-known trademarks shall be under the jurisdiction of intellectual property courts and intermediate people's courts, or may be under that of basic people's courts with the approval of the Supreme People's Court excluding the administrative cases of industrial design patent.

The first instance cases of intellectual property beyond the stipulation of Article 1 of this provision and paragraph 1 of this article, whose litigation objects amount is over the amount decided by the Supreme People’s Court, and where involving administrative acts of State Council departments, local governments at or above the county level or Customs，shall be under the jurisdiction of the Intermediate People's Court.

Where there are provisions under law for the jurisdiction of intellectual property courts, such provisions shall be followed.

Article 3 The first instance civil and administrative cases of intellectual property beyond the stipulation of Article 1 and Article 2 of this provision shall be under the jurisdiction of basic-level people's courts determined by the Supreme People's Court.

Article 4 For new types of civil and administrative cases of intellectual property, difficult and complex ones or that with guiding significance for the application of law, the superior people’s court may upgrade the level for trail under relevant provisions of Procedural Law according to the submission of subordinate courts or own decision.

Where it is necessary to transfer the first-instance intellectual property civil case under the jurisdiction of this court to the lower-level people's court for trial, it shall be submitted to the prior people’s court case by case for approval in accordance with the provision of paragraph 1 Article 39 of Civil Procedural Law.

Article 5 Where a case whose jurisdiction is required for determination or whose standard and scope of litigation object amount under jurisdiction is required for adjustment by the Supreme People’s Court in accordance with these provisions, it shall be reported to the Supreme People's Court for approval.

Article 6 These Provisions shall come into force as of May 1, 2022.

Where the judicial interpretations previously issued by the Supreme People's Court are inconsistent with these Provisions, these Provisions shall prevail. 

From Supreme People's Court