Legal analysis: 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 owner of the patent right, trademark right or copyright has sued for more than 2 years and the intellectual property right is still in 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. Article 23 of Several Provisions on Applicable Law in Trial of Patent Disputes issued by the Supreme People's Court in 20001,Article 28 of Interpretation of Applicable Law in Trial of Copyright Civil Disputes issued in 2002, and Article 18 of Interpretation of Applicable Law in Trial of Trademark Civil Disputes issued in 2002 stipulate that the patentee, copyright owner and trademark owner have sued for more than two years. If the infringement is still going on at the time of prosecution, the people's court shall order the defendant to stop the infringement within the period of validity of the patent right, copyright right and trademark right, but the amount of damages shall be calculated within two years from the date when the obligee files a lawsuit with the people's court.
Legal basis: Article 18 of the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes: If the patentee, copyright owner or trademark owner 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 patent right, copyright and trademark right, but the amount of damages shall be calculated within two years from the date when the obligee files a lawsuit with the people's court.