In IP-related civil litigation cases, the parties concerned arbitrarily raised objections to jurisdiction, affecting the overall efficiency of case hearing. The events happened at the Beijing Intellectual Property Court where the parties concerned abused the objection to jurisdiction included: the parties concerned raised objections to jurisdiction, knowing that the objection would not be established but insisting on raising the same; the objections to jurisdiction were raised repeatedly in the same type of cases, and appeals were also lodged; serving of process was difficult by reasons other than force majeure, and the parties concerned attempted to prolong the litigation period.
It is the Beijing Intellectual Property Court who accepts all IP-related second instance cases of objections to jurisdiction in Beijing. From the date of establishment on November 6, 2014 to June 30, 2018, the Beijing Intellectual Property Court accepted 44139 IP-related cases of all kinds, including 3287 second instance cases of objections to jurisdiction, accounting for about one-third of the second instance civil cases.
The recent years saw the sustained growth of the number of second instance cases of objections to jurisdiction. Among them, there were a large number of cases related to the cultural industry in Beijing and the cases of disputes over copyrights to online works represented a large proportion. The cases of the objections to the jurisdiction for disputes over the infringed right to distribute works via information network accounted for more than four-fifths of the second instance cases of objections to jurisdiction.
The Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China came into effect as of February 4, 2015. Article 25 of the Interpretation provides that "The place where a tort is committed on an information network shall include the place where the computer and other pieces of information equipment used to commit the alleged tort are located, and the place where the results of a tort occur shall include the place of domicile of the victim." In accordance with that Article, a plaintiff may take the place where its domicile is located as a jurisdictional junction and bring lawsuits before the court at that place. Before the Interpretation came into effect, the forum for the cases of disputes over the infringed rights to distribute works via information network was most fortunately determined to be the courts at the places where the network servers and computer equipment were located.
In order to resolve the problems that the number of second instance cases of objection to jurisdiction continuously increases and that the trial takes a long period of time, the Beijing Intellectual Property Court has established an accelerated trial mechanism for such cases. By optimizing processes, dividing labor reasonably, and establishing an independent team for accelerated trial of appealed cases of objections to jurisdiction, the Beijing Intellectual Property Court has realized service of process by full-time staff and effective and economic trials. Since the implementation of the accelerated trial mechanism at the beginning of March 2017, the team for accelerated trials concluded more than 1500 second instance cases of objections to jurisdiction, with the trial period being shortened from 27 days to 14 days.