1. Is there a statute of limitations for intellectual property rights?
The limitation of action for infringement of intellectual property rights is 2 years, counting from the date when the obligee knows or should know. The people's court shall order the defendant to stop the infringement if the right holder of the patent right, trademark right or copyright has sued for more than 2 years and the intellectual property right is still within the 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.
It is worth noting that the limitation of action for patent infringement is two years. If the obligee files 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 validity period of the patent right.
Second, the composition of infringement of intellectual property rights
1, about breaking the law. This is an important component of intellectual property infringement. Although many scholars in academic circles are studying whether illegality should be an independent element of infringement, at least in the field of intellectual property infringement, illegality is essential.
2. About the damage facts (results). In the general theory of civil tort, whether it is the theory of three elements, four elements or five elements, it is considered that the damage fact is one of the constitutive elements of civil tort, but many scholars have pointed out that the damage fact (result) is no longer a necessary element of intellectual property infringement, which is also one of the differences between intellectual property infringement and general civil tort.
3. About causality. This is an essential element of civil tort in general tort theory, but because some acts of infringing intellectual property rights do not need damage consequences, it is meaningful to identify causality only when it is necessary to determine the infringer's responsibility for the intellectual property rights infringement that causes damage consequences.
4. About subjective factors. In the above-mentioned civil tort theory, one of the elements that constitute a general tort is that the actor is subjectively at fault, but subjective fault is not a necessary element that constitutes intellectual property infringement. Article 63, paragraph 2, of the Patent Law and Article 56, paragraph 3, of the Trademark Law both establish the liability for tort without fault. From the above legislative examples, we can see that even if the actor is innocent, he should bear tort liability, but his tort liability is lighter than that of the actor who is at fault. In addition to the tort liability of stopping the infringing act, destroying the infringing product and eliminating the influence, the actor who is at fault often has to bear the liability for damages.
3. What are the characteristics of intellectual property rights?
1, intellectual property rights are exclusive, also known as monopoly and exclusivity, that is, no one else has the right to enjoy them unless the right holder agrees or permits or the law stipulates. This exclusiveness is manifested in: the exclusiveness of the subject of intellectual property. It means that intellectual property is granted only once, and the subject of intellectual property is specific, and no one except the obligee can enjoy this right. The obligee has exclusive ownership and is protected by law.
2. The regionality of intellectual property rights. Intellectual property, as an exclusive right recognized and protected by law, has limited space, restricted by national territory and strict regionality. At present, with the development of global economy, international cooperation and exchanges have been promoted, and the intellectual property system has gradually become unified and internationalized.
3. Timeliness of intellectual property rights refers to the time limit of intellectual property rights. Property rights in intellectual property rights are protected by law, which is not infinite and eternal in time, but has a certain period, called protection period or validity period, that is, intellectual property rights are only protected by law within the validity period, and after the expiration, they enter the public domain, and intellectual property rights become the wealth of the whole society.
4. Intellectual property is impersonal, and materiality refers to the existence of entities, which people can identify with the sense of five senses, such as land and houses. No body means no entity, just an imaginary object and a product of knowledge.
Legal objectivity:
Article 74 of the Patent Law of People's Republic of China (PRC) stipulates that the limitation of action for patent infringement is three years, counting from the date when the patentee or interested party knows or should know about the infringement and infringer. If the patentee fails to pay the appropriate royalty before the patent right is granted after the publication of the application for a patent for invention, the limitation period for requesting the royalty is three 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.