Communicating without Delay, Making Legal Interpretation with Patience, the Plaintiff Withdrew the Two Lawsuits against Computer Software Development Contract

A few days ago, Shanghai Intellectual Property Court properly closed two lawsuits against computer software development contract, and the plaintiff applied for the withdrawal of the lawsuit after the legal interpretation made by the judge patiently. The Tribunal 2 of Shanghai Intellectual Property Court accepted the two cases of the disputes between the plaintiff Shanghai Xinyingjie Information Technology Co., Ltd. and the defendant Southwest University on the software development, then Southwest University raised an objection against the jurisdiction when submitting the answer brief holding that the case should be under the jurisdiction of the local court because the contract is implemented in and the defendant lives in Beibei District of Chongqing Municipality. During the review, the Presiding Judge found that the jurisdiction clauses agreed in the contract are invalid because they include the jurisdiction of the court and over arbitration; the case should be under the jurisdiction of relevant court of Chongqing Municipality because the contract is implemented in and the defendant lives in Beibei District of Chongqing Municipality. The Presiding Judge got contact with the plaintiff in time, interpreted relevant legal provisions, notify him why the jurisdiction clauses agreed in the contract are invalid and made clear that the two cases should be under the jurisdiction of relevant court of Chongqing Municipality. Upon the interpretation made by the Presiding Judge, the plaintiff agreed with the judge but requested Shanghai Intellectual Property Court made decision on transferring to the jurisdiction right. During communication, the Presiding Judge knew that the plaintiff has previously prosecuted the case on relevant disputes in the involved contract to relevant court of Chongqing Municipality and institute legal proceeding to Shanghai Intellectual Property Court for the reason that relevant court of Chongqing Municipality did not accept the counterclaim raised by the defendant. Therewith, Presiding Judge informed the defendant that it will take a long time to transfer the case to another province, and advised the plaintiff to institute legal proceeding under the consideration of saving time and facilitating the case to be under hearing procedure as soon as possible. Finally, the plaintiff accepted the advice from the judge, applied for the withdrawal of the case and expressed thanks to the court for its full consideration on the interests of parties.

contact us

Tel:021-58951988
Email:shzcfy@163.com
Post Code:201203
Address:No. 988 Zhangheng Road, Pudong New Area, Shanghai
Total Reads: 2348
All rights reserved Shanghai Intellectual Property Court copyright(c) 2014-2015 All Rights Reserved