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
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