of Civil Dispute Cases of Infringement of an Information Network Transmission Right (the "Provisions on Information Network Transmission Right"), and Qinhuangdao City was the domicile of the plaintiff, but not the place where the infringement was committed or the domicile of the defendant, claiming that the case should be transferred to the Beijing Internet Court at the place where the infringement was committed and domicile of the defendant for trial. Decision On June 2, 2021, the Qinhuangdao Intermediate People's Court, Hebei Province made the civil ruling ([2021] Ji 03 Zhi Min Chu No.27), deciding to reject the objection to jurisdiction raised by Ma X. Ma X refused to accept the ruling of first instance and filed an appeal. On August 24, 2021, the Hebei High People's Court made the civil ruling ([2021] Ji Min Xia Zhong No.66), deciding to revoke the ruling of first instance, and transfer the case to the Beijing Internet Court for trial. After examination, the Beijing Internet Court and the Beijing High People's Court found that it was improper for the Hebei High People's Court to transfer the case to the Beijing Internet Court for trial, and then reported the case to the Supreme People's Court for designation of jurisdiction. On August 22, 2022, the Supreme People's Court made the civil ruling ([2022] Zui Gao Fa Min Xia No.42), determining that the case shall be tried by the Beijing Internet Court. Reasons for the Decision The Supreme People's Court held that Article 25 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China provides that: "places where an infringement is committed through an information network include the location of information equipment including the computer used to commit the alleged infringement, while places where the infringement consequence takes place include the domicile of the infringed person." The "infringement committed through an information network" mentioned in such provision targets the infringement of general civil rights committed through an information network. However, the "information network transmission right" is the legal right enjoyed by the 2

Seleccionar párrafo de destino3