What are the provisions of the law on the limitation of action? 1, Article 188 of the General Principles of People's Republic of China (PRC) and State Law stipulates that the limitation period for applying to the people's court for protection of civil rights is three years. Where there are other provisions in the law, those provisions shall prevail. 2. Article 68 of the Patent Law of People's Republic of China (PRC) stipulates: "The limitation period for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement. If, after the publication of an application for a patent for invention, an appropriate royalty is not paid for the use of the invention before the patent right is granted, the limitation of action for the patentee to request payment of the royalty is two years, counting from the date when the patentee knows or should know that others are using his invention. However, if the patentee knows or should know before the patent right is granted, it shall be counted from the date when the patent right is granted. " 3. Article 18 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates: "The limitation period for infringement of the exclusive right to use a registered trademark is two years, counting from the date when the trademark registrant or interested party knows or should know about the infringement. Where a trademark registrant or interested party files a lawsuit for more than two years, and the infringement continues when the lawsuit is filed, the people's court shall order the defendant to stop the infringement within the validity period of the exclusive right to use a registered trademark, and the amount of compensation for infringement damages shall be calculated forward for two years from the date when the obligee files a lawsuit with the people's court. 4. Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes stipulates: "The limitation period for copyright infringement is two years, counting from the date when the copyright owner knows or should know about the infringement. If the obligee has filed a lawsuit for more than two years and the infringement continues at the time of prosecution, the people's court shall order the defendant to stop the infringement within the copyright protection period; The amount of compensation for infringement damages shall be calculated for two years from the date when the obligee brings a lawsuit to the people's court. "5. Article 45 of the Product Quality Law of People's Republic of China (PRC) stipulates:" The limitation period for claiming damages due to product defects is two years, counting from the time when the parties know or should know that their rights and interests are damaged. The right to claim compensation for damage caused by defective products shall be lost ten years after the defective products that caused the damage were delivered to the original consumers; However, unless the safe use period is clearly stated. "6. Paragraph 2 of Article 257 of People's Republic of China (PRC) Maritime Code stipulates:" The limitation period for claims related to voyage chartering contracts is two years, counting from the day when you know or should know that your rights have been infringed. "7. Article 258 of the Maritime Code of People's Republic of China (PRC) stipulates:" The limitation period for claiming compensation from the carrier for the carriage of passengers by sea is two years, which shall be calculated according to the following provisions: (1) The claim for personal injury of passengers shall be calculated from the day when the passenger disembarked or should disembark; (2) If the claim for the death of a passenger occurred during the period of transportation, it shall be counted from the date when the passenger should leave the ship; If a passenger dies after disembarking due to injury during transportation, it shall be counted from the date of the passenger's death, but the period shall not exceed three years from the date of disembarkation; (3) Claims for loss of or damage to luggage shall be counted from the date when the passenger disembarked or should disembark. "The above is the relevant knowledge compiled by Bian Xiao for everyone. If your situation is complicated, the website also provides online consultation service for lawyers. Welcome to have legal advice.
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Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights, and the limitation of action is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.