Research On The Jurisdiction Of Online Shopping Goods Receiving Place To The Intellectual Property Infringement Cases

The implementation of the Interpretation of Civil Procedure Law of the People's Republic of China lead the Intellectual property infringement cases which Involving online shopping to a new pattern: The plaintiff by the way of notarized purchase to get the Infringing products and then sue to the court where the plaintiff receives the products.The defendant always choices to reject the jurisdiction of his case and claims that the court is not the legal jurisdiction.Different court have different views to the rejection.In addition to the introduction,this paper is divided into four parts.The first part defines the cases discussed in this paper,and then ascertains the rules of the jurisdiction.The second part uses the positive studying way.By the way of collecting the relevant precedents in the practice.We find out that this pattern began to appear on a large scale in2015.In addition,by means of comparing with the precedents,we find out that there are three viewpoints in the practices,including negative theory,positive theory and the restrictive positive theory.The third part by the means of comparing of the precedents,we find out that the root cause of the problem is that the Intellectual property infringement cases have to deal with complex rules of the jurisdiction.Besides,the rules between the patent infringement cases,trademark infringement case and copyright infringement cases are different.In the meanwhile,this kind of cases refers to the argue whether the Article 20 and the Article 25 of the Interpretation of Civil Procedure Law of the People's Republic of China can be used.The essence of the controversy is the different views to the application to the rules above.The fourth part briefly bases on the legislative spirit,and then clears the application to the rules.Finally,basing on the principle of the jurisdiction and the require of the adversary system,the author suggests that this kind of civil litigations shall be under the jurisdiction of the court located in the place where the plaintiff receives the products,and the plaintiff should also have his domicile in this place.