China Revised Its Law on Jurisdiction of Internet Infringement Involving Foreign Elements
(By Albert Chen) On the issue of jurisdiction in online infringement cases, Article 1 of the Supreme People’s Court’s Interpretation on Several Issues Concerning Application of Law in Hearing Network Copyright Disputes Involving Computers (the “Network Dispute Interpretation”) previously stated that:
“Online copyright infringement dispute cases are within the jurisdiction of the court in the place where infringement occurred or the residence of the defendant. The place where infringement occurred includes the place where the network server or computer terminal used to conduct the accused infringement is located. For situations where it is difficult to determine the place where the infringement occurred or the residence of the defendant, the place where the computer terminal or other device that the plaintiff used to discover the infringement is located may be used as the place where the infringement occurred.”