China’s intellectual property (IP) enforcement system is growing up fast. The number of IP cases filed in Chinese courts keeps climbing, the legal framework keeps maturing — and in a landmark structural shift, the Supreme People’s Court (SPC) has pushed jurisdiction over first-instance IP civil and administrative cases below set thresholds down to the grassroots: the basic people’s courts. For foreign companies, that means faster, cheaper, and more accessible IP dispute resolution in China. Here is what changed, why it matters, and how to use it.
- Legal basis: the SPC Provisions on first-instance IP case jurisdiction (Fa Shi [2022] No. 13), effective May 1, 2022.
- 2025 update: SPC Notice (Fa [2025] No. 167) adjusted the basic courts with IP jurisdiction and their regions, effective October 1, 2025.
- What moves down: routine first-instance IP civil and administrative cases below SPC-set subject-matter thresholds are heard by designated basic people’s courts.
- What stays up: invention and utility model patents, technical secrets, computer software, layout designs, plant varieties, monopoly disputes, and well-known trademark recognition cases remain with IP courts and intermediate courts.
- Benefit: more courts hearing IP cases means shorter queues, lower litigation costs, and faster enforcement for rights holders.
Table of Contents
Why China is moving IP cases to local courts
China has spent decades building out its IP protection system, and the case numbers tell the story: courts nationwide now handle hundreds of thousands of intellectual property disputes every year, one of the largest IP caseloads in the world. For years, most first-instance IP cases were concentrated in a limited number of IP courts and intermediate courts — a deliberate strategy to build specialization. But as case volumes grew, that concentration started to mean longer waits.
The SPC’s answer is a carefully staged decentralization. Under the 2025 provisions on foreign-related IP disputes and related measures, China is keeping high-stakes, technically complex cases with specialized courts while sending routine cases down to designated basic courts. More courts hearing cases means disputes get resolved closer to the parties, faster and at lower cost — which is exactly what a market with rising IP activity needs.
What the 2022 Provisions changed
The framework was set by Fa Shi [2022] No. 13, effective May 1, 2022. It splits first-instance IP cases into three tiers:
- Tier one — specialized courts: invention patents, utility model patents, new plant varieties, integrated circuit layout designs, technical secrets, computer software disputes, and monopoly cases go to IP courts and intermediate courts, where the deepest technical expertise sits.
- Tier two — intermediate courts: design patent disputes and well-known trademark recognition cases stay with IP courts and intermediate courts (basic courts may take them only with SPC approval), as do cases above the SPC-set subject-matter threshold and cases involving State Council departments, county-level or higher governments, or customs authorities.
- Tier three — basic courts: everything else — the large majority of routine trademark, copyright, unfair competition, and contract disputes — is heard by basic people’s courts designated by the SPC.
This three-tier design preserves specialization where it matters while unlocking local capacity for everything else.
The 2025 Notice: new basic court jurisdictions
On October 1, 2025, SPC Notice Fa [2025] No. 167 took effect, adjusting the list of basic people’s courts with IP jurisdiction and their regional coverage. In most parts of the country, at least one basic court in each intermediate court’s territory now handles IP civil and administrative cases, and the same basic court generally covers both civil and administrative matters for its region.
For rights holders, the practical consequence is simple: in many disputes you no longer need to litigate in a distant intermediate court. The court down the street — or at least in your city — can hear your trademark or copyright case.
What still stays with higher courts
The decentralization is not a free-for-all. High-value and high-complexity cases remain centralized, and both the 2022 Provisions and the 2025 Notice keep clear guardrails:
- Cases above the SPC-set subject-matter threshold stay with intermediate courts.
- Cases involving administrative acts of State Council departments, county-or-higher governments, or customs authorities stay with intermediate courts.
- New-type, difficult, complex, or legally significant cases can be escalated — higher courts may take them over, and handing a case down requires case-by-case approval from the higher court.
So the system protects quality where stakes are high, while clearing the routine pipeline at the grassroots level.
What this means for foreign companies
If your company holds trademarks, copyrights, or patents in China — or sells into the Chinese market — the new jurisdiction structure works in your favor in three ways:
- Faster enforcement: routine infringement cases can be filed at a local basic court, cutting travel, filing friction, and time to first hearing.
- Lower cost: local litigation avoids the overhead of litigating through specialized intermediate courts for straightforward matters.
- Predictable escalation: if a case turns complex, the system can move it up — you are not stuck with an over-simplified forum.
That said, jurisdiction rules are only as useful as the registration and evidence behind them. Enforcement starts with registered rights: a properly filed Chinese trademark, recorded license agreements, and documented use. Before suing, confirm the correct court for your case type, subject-matter amount, and region — a mismatch can mean a rejection that costs months. Our trademark infringement enforcement guide walks through the practical steps, and our IP services team handles registration, evidence collection, and litigation support for foreign companies across China.
China’s message is consistent and increasingly well-executed: intellectual property is taken seriously, the courts are being scaled to match demand, and foreign rights holders get the same access to justice as domestic ones. The jurisdiction shift to basic courts is a signal that IP protection has matured from a specialist niche into mainstream, everyday justice — which is good news for any company building or defending a brand in China.
Frequently Asked Questions
Which IP cases can now be heard by basic people’s courts in China?
Routine first-instance IP civil and administrative cases outside the specialized lists — typically trademark, copyright, unfair competition, and IP contract disputes below the SPC-set subject-matter threshold — are heard by basic people’s courts designated by the SPC, as adjusted by Fa [2025] No. 167 effective October 1, 2025.
Do invention patent cases also move to local courts?
No. Invention and utility model patents, technical secrets, computer software, layout designs, plant varieties, and monopoly disputes remain with IP courts and intermediate courts. Design patent and well-known trademark cases can move down only with SPC approval, and design patent administrative cases never do.
Why is China decentralizing IP case jurisdiction?
IP case volumes have grown so much that concentrating everything in specialized courts created bottlenecks. By sending routine cases to designated basic courts while keeping complex ones centralized, China resolves disputes faster and cheaper — a structure that fits its large, fast-moving market.
Can a case still be moved up to a higher court?
Yes. New-type, difficult, complex, or legally significant cases can be escalated by higher courts on their own initiative or at the lower court’s request. Moving a case down requires case-by-case approval from the higher court.
What should a foreign company do before filing an IP lawsuit in China?
Confirm your rights are properly registered and documented, identify the correct court under the current jurisdiction rules (case type, subject-matter amount, region), and prepare your evidence. Working with a professional familiar with China’s IP system avoids jurisdiction errors that cost months.
China’s IP enforcement machinery is now built for scale: specialized courts for hard cases, local courts for everyday ones. If your company holds IP in China — or suspects someone is infringing it — the timing has never been better to act. Contact Dan Young for help with Chinese trademark and patent registration, evidence collection, and IP litigation strategy from our legal services team.
Disclaimer: This article provides general information about China's IP jurisdiction rules as of 2026 and does not constitute legal advice. Court jurisdiction depends on case type, subject-matter amount, and regional designations. Consult a qualified professional before initiating any legal action.
