The limitation of action for infringement of intellectual property rights is three years from the date when the copyright owner knows or should know that his rights have been damaged. Article 27 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes stipulates that the limitation period of action for copyright infringement is three years, counting from the date when the copyright owner knows or should know that his rights have been damaged. If the obligee has prosecuted for more than three 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 three years from the date when the obligee brings a lawsuit to the people's court. Paragraph 1 of Article 74 of the Patent Law 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.
Legal objectivity:
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.