On November 2, 2017, the Beijing High People’s Court issued provisions adjusting jurisdiction over civil intellectual property cases in Beijing, effective that day. The allocation was as follows.
Beijing High People’s Court
First instance: cases of RMB 200 million or more where all parties are domiciled in Beijing; cases of RMB 100 million or more where a party is domiciled outside Beijing or the case has a foreign, Hong Kong, Macao or Taiwan element; and other first-instance civil IP cases of major significance in Beijing.
Second instance: appeals against first-instance civil IP judgments or rulings of the Beijing Intellectual Property Court.
Retrial: applications concerning effective civil IP judgments, rulings or mediation agreements of the Beijing Intellectual Property Court, except where the party has applied to that court for retrial.
Beijing Intellectual Property Court
First instance, for patents, new plant varieties, integrated-circuit layout designs, technical secrets, computer software, monopolies and recognition of well-known trademarks: cases below RMB 200 million where all parties are domiciled in Beijing, or below RMB 100 million where a party is domiciled outside Beijing or there is a foreign, Hong Kong, Macao or Taiwan element.
First instance, for copyright, trademarks, technology contracts, unfair competition and franchise contracts: cases of at least RMB 100 million but below RMB 200 million where all parties are domiciled in Beijing, or of at least RMB 50 million but below RMB 100 million where a party is domiciled outside Beijing or there is a foreign, Hong Kong, Macao or Taiwan element.
The court also hears other cases of major significance in Beijing not covered by those categories.
Second instance: appeals against first-instance civil IP judgments or rulings of the basic-level courts.
Retrial: applications concerning effective civil IP judgments, rulings or mediation agreements of basic-level courts, except where the party has applied to the relevant basic-level court for retrial.
Basic-Level People’s Courts in Beijing
First instance: copyright cases other than computer software cases; trademark cases other than recognition of well-known trademarks; technology contract cases; unfair competition cases other than technical secret cases; and franchise contract cases. The monetary limits are below RMB 100 million where all parties are domiciled in Beijing, or below RMB 50 million where a party is domiciled outside Beijing or there is a foreign, Hong Kong, Macao or Taiwan element.
Source: http://www.zhichanli.com/article/5168.html
