[Copyright Infringement Litigation Jurisdiction] How to constitute copyright infringement

The place of infringement includes not only the place where the infringement is committed, but also the place where the result of the infringement occurs. The following is a brief description of three situations:

(1) If the plaintiff only sues the manufacturer, where the place of manufacture of the infringing product is inconsistent with the place of sale, the people's court of the place of manufacture shall have jurisdiction. For example, the author has represented a plaintiff in the Shanghai New International Expo Center to participate in the exhibition of the manufacturer of infringing products to buy infringing products. The manufacturing place of the infringing products is Xingtai, Hebei Province. According to the foregoing provisions, the Shanghai No. 1 Intermediate People's Court where the infringing product is sold has no jurisdiction, and since the Xingtai Intermediate People's Court has no jurisdiction over patent cases, the case shall be under the jurisdiction of the Shijiazhuang Intermediate People's Court where the provincial government of the defendant is located.

(2) Where the plaintiff brings a suit against both the manufacturer and the seller, the people's court of the place of manufacture and the place of sale shall have jurisdiction. In particular, in the case of local judicial uniformity, and local protectionism can not be completely ruled out, some plaintiffs in order to protect their rights and interests smoothly or fully, by choosing the place of sale or even arranging their own sellers to obtain the infringing products and then by the plaintiff to purchase evidence, so as to be able to file a lawsuit to the court of jurisdiction in favor of their own.

(3) If the seller is a branch of the manufacturer, the people's court at the place of sale shall have jurisdiction if the plaintiff brings a suit against the manufacturer for his manufacturing or sales conduct. In combination with other legal provisions, branches are nothing more than subsidiaries of the parent company, branches of the parent company or representative offices of foreign companies or representative offices of foreign-funded enterprises. In accordance with the foregoing laws, the people's court in the place where these subsidiaries, branches or representative offices are located shall have jurisdiction even if no suit is brought against them.