Witness the history of intellectual property case jurisdiction changes, GO!
Author | Intellectual Property Center, Elephant Migration Team
Elephant migration
It is difficult to abandon deliberation and discernment, and is good at insisting on practice and innovation. A group of free and carefree practical partners, a pragmatic team focusing on advertising compliance, Internet compliance, and the forefront of pan-entertainment culture.
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Recently, the official website of the Supreme People's Court announced the "Decision on Amending the Provisions of the Supreme People's Court on Several Issues Concerning Intellectual Property Courts" and the "Notice on Implementing the Revised Provisions of the Supreme People's Court on Several Issues Concerning Intellectual Property Courts", which came into effect on January 1, 2019. The amendments cover a number of items such as case jurisdiction, litigation process, and information disclosure of related cases [1].
(The picture comes from a screenshot of the official website of the Supreme People's Court)
This amendment has once again focused the public's attention on the jurisdiction of intellectual property cases.
As we all know, the jurisdiction of intellectual property cases in our country involves level jurisdiction, territorial jurisdiction, exclusive jurisdiction, centralized jurisdiction, designated jurisdiction, etc., and the relevant provisions of these jurisdictions are scattered everywhere, ranging from laws and regulations, judicial interpretations, small to various documents of the National People's Congress and the Standing Committee, and judicial documents of the two highs. The system is extremely complex and is in a dynamic development stage of high-frequency changes, which makes it difficult for some legal workers to form a dynamic and complete systematic cognition of intellectual property jurisdiction.
This article takes this revision as an opportunity to focus on the jurisdiction of copyright cases, and takes the reader from the intellectual property legislation at the time of the decline of the Qing government to review the major changes in the history of intellectual property construction and jurisdiction system after the founding of New China, so as to provide some help for readers to systematically understand the above content.
This process will inevitably miss a million, if there is a lack of pen power, or omissions, please add, correct.
Period one
Qing Dynasty - Before the Founding of New China
Intellectual property legislation in our country began in the late Qing Dynasty, but under the social background of semi-colonial and semi-feudal society, although there is no lack of motivation for reform and self-improvement, the Qing government more hoped to make the foreign powers give up extraterritorial rights through reform, and never regarded intellectual property as a national economy and people's livelihood plan [2].
Period Two
After the founding of New China - before the reform and opening up
There have been attempts to legislate intellectual property rights, but a complete intellectual property system has not been established and implemented.
Period three
After the reform and opening up - the end of the twentieth century
With the pace of reform and opening up, our country's laws, regulations and rules have gradually improved.
From August 1979 to March 1982, after more than two years of drafting, soliciting opinions and revising work, the first civil procedure law in our country - the Civil Procedure Law of the People's Republic of China (Trial) was officially promulgated [4]. This is the first civil procedure law in our country, and initially established the prototype of various jurisdiction systems such as level jurisdiction and geographical relationship for civil disputes in our country.
The improvement of the jurisdiction system has also been continuously promoted after the "Civil Procedure Law of the People's Republic of China" in 1991, following the modernization of civil litigation.
During this period, our country has promulgated the Trademark Law of the People's Republic of China, the Patent Law of the People's Republic of China, the General Principles of the Civil Law of the People's Republic of China, and the Copyright Law of the People's Republic of China.
Period four
Early 21st Century - End of 2019
During this period, our country's trademark, patent, and copyright systems were further revised and improved, and intellectual property protection was gradually in line with international standards; the Supreme People's Court's series of judicial interpretations on intellectual property rights were issued, providing more detailed jurisdictional guidelines for the trial of civil copyright disputes, trademark civil disputes, and other cases.
The establishment of specialized intellectual property judicial institutions in Shanghai, Beijing, Guangzhou and other places has facilitated the cross-regional jurisdiction of intellectual property cases with strong professional and technical nature. The jurisdiction layout of local grassroots courts for general intellectual property civil disputes such as copyright is also constantly improving.
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[1] From the official website of the Supreme People's Court, the link is as follows: https://www.court.gov.cn/fabu/xiangqing/416012.html, https://www.court.gov.cn/fabu/xiangqing/416002.html.
[2] See Huazheng Law WeChat official account, Jurisprudence Shu Cao Wenze, Wang Qian, Forty Years of China's Intellectual Property Legal System: History, Characteristics and Prospects, https://mp.weixin.qq.com/s/bwVoEcaYxPr72kZz4XwMFQ.
[3] See Huazheng Law WeChat official account, Jurisprudence Shu Cao Wenze, Wang Qian, Forty Years of China's Intellectual Property Legal System: History, Characteristics and Prospects, https://mp.weixin.qq.com/s/bwVoEcaYxPr72kZz4XwMFQ.
[4] Yang Mengjiao, 70 Years of Civil Litigation System: Resolving Disputes and Protecting Justice [N]. People's Court News, 2019-9-23 (02).
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In the article "Historical Evolution | An Article Witnessing the History of Jurisdictional Changes in Intellectual Property Cases, GO! (Part 1) ", we take the jurisdiction of copyright cases as the core, and sort out the history of major changes in the construction of intellectual property rights and the jurisdiction system in our country before 2020. We intend to provide some help for readers to systematically understand the above content.
The wheels of the legal system are rolling forward, and the pace of change never stops.
Now, without further ado, let's move on!
Period five
Early 2020 - present
In recent years, the judicial protection system of intellectual property has moved in a new direction of "fairness and efficiency, scientific jurisdiction, clear authority boundaries, and complete system" [1], and the positioning of the trial-level functions of the four-level courts has become clearer.
The reform of the "three-in-one" trial mechanism for civil, criminal and administrative cases is also deepening.
According to the release of the Supreme People's Court's "Opinions on Strengthening Intellectual Property Trial Work in the New Era to Provide Effective Judicial Services and Guarantees for the Construction of an Intellectual Property Power", as of October 2021, 21 high courts, 164 intermediate courts and 134 grass-roots courts across the country are carrying out the "three-in-one" reform of the trial of intellectual property civil, administrative and criminal cases in an orderly manner [2].
Courts around the world are also flourishing in judicial reform (as shown below).
(The picture comes from the screenshot of WeChat search)
The major changes in the construction of intellectual property rights and the jurisdiction system in our country have been presented one by one through the article.
History is a textbook for understanding the context of the legal system, and the understanding of today's judicial practice is an indispensable food.
This image will continue to update the article "Historical Evolution | One Article Witness the History of Intellectual Property Case Jurisdiction Changes, GO! (Part 2) " next week, using Guangdong Province and Shenzhen as examples to sort out the latest guidelines for copyright infringement case jurisdiction. Looking forward to every communication with you, we will see you soon~
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[1] From the official website of the Chinese government website, web link: https://www.gov.cn/zhengce/2021-09/22/content_5638714.htm.
[2] Referring to the WeChat official account of the Supreme People's Court, the relevant person in charge of the Supreme People's Court and the Intellectual Property Court answered questions from reporters on the "Opinions" and https://mp.weixin.qq.com/s/4UrQLMnD8EVNhDs71gRYzw.
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In the two articles "Historical Evolution | One Article Witnesses the History of Jurisdictional Changes in Intellectual Property Cases, GO! (Part 1) " Historical Evolution | One Article Witnesses the History of Jurisdictional Changes in Intellectual Property Cases, GO! (middle) ", we take the jurisdiction of copyright cases as the core, and take you from the intellectual property legislation at the time of the decline of the Qing government to review the history of major changes in intellectual property construction and jurisdiction after the founding of New China.
In today's article, we will take Guangdong Province and Shenzhen as examples to sort out and summarize the jurisdiction of copyright infringement cases. Mind map again ("most", the rigorous daily life of the advertising compliance person er) is complete and new, the choice of jurisdiction is at your fingertips, follow the original image and look down~
Lawyer Profile
Lawyer Jin Linxi
(Lawyer Erxi)
Full-time lawyer of
Own dual work experience as a lawyer and an Internet company
Difficult cases delve into people, hand-guided tractors, problem solvers
Some experience in advertising compliance, some experience in the Internet field
I have some experience with trademark copyright and a bit of dabbling in pan-entertainment culture
Contact email: erxiii@163.com
Team member profile
Six, money
Well-known local pauper
A renowned daydream researcher who wakes up every day and shouts three times "Here's the money!"
Shenzhen wage earners who are eager to get rich overnight and are still working hard to upgrade and fight monsters in the workplace
large spectrum
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Dedicated to digging up treasures and sharing with everyone, "Colonel Touching Gold"
(Ranked in no particular order, they are all first authors)
Center Profile
Intellectual Property Center
Objective of Zhiheng Intellectual Property Center: To build a first-class intellectual property legal service center.
The Intellectual Property Center has a complete set of specialized intellectual property departments such as patents, trademarks, copyrights, trade secrets, rights protection, international, layout analysis, and operation transactions, forming a complete industrial chain from basic applications, planning and layout, risk prevention and control, anti-counterfeiting rights protection, operation transactions, and international protection.
The Intellectual Property Center is led by a team of first-class intellectual property experts, with a complete service process and an integrated service system. It provides professional legal advice and solutions in various fields of global intellectual property, striving to ensure that every case and project can receive the best solutions developed by experts, so that customers can experience the most rigorous and professional services.
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