On October 31, 2014, the Supreme People's Court promulgated the Provisions on the Jurisdiction of the Intellectual Property Courts of Beijing, Shanghai and Guangzhou over Cases (Fa Se [2014] No. 12)(hereinafter, the "Provisions"), which came into force on November 3, 2014.

Pursuant to the Provisions, the intellectual property courts shall have jurisdiction over the following first instance cases in the cities where they are located:

  1. Civil and administrative cases relating to patent, new plant species, integrated circuit layout design, trade secrets and computer software.
  2. Administrative cases in which a suit is brought against any administrative act involving copyrights, trademarks or unfair competition as undertaken by State Council departments or local people's governments above the level of county.
  3. Civil cases involving the determination of well-known trademarks.

The intermediate people's courts of Beijing, Shanghai and Guangzhou will no longer accept civil and administrative intellectual property cases. Cases of appeal filed by a party against a first instance civil and administrative decision or ruling rendered by the lowest-level people's court in the city where the party is located with respect to intellectual property rights such as copyrights, trademarks, technical contracts, or unfair competition will be heard by the intellectual property court. Cases of appeal against a first instance decision of the intellectual property court by a party, cases where appeal is mandatory pursuant to a judgment and cases where application is filed with the superior court for reconsideration pursuant to law shall be heard by the intellectual property department of the high people's court in the area where the intellectual property court is located.