What is the statute of limitations for infringement of intellectual property rights?

In the real society, although China's protection of intellectual property rights is increasing day by day, there are still endless infringements. After the infringement of intellectual property rights owned by citizens, if negotiation fails, they may bring a lawsuit to the court. Generally, such cases belong to civil cases, and there are corresponding provisions on the limitation of action. So how long is the statute of limitations for infringement of intellectual property rights? I will explain this in detail in this article.

According to the Civil Procedure Law, the statute of limitations is two years. If the prosecution exceeds this limit and there are no special circumstances, the court will not accept it. Details are as follows:

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.

What are the acts of infringing intellectual property rights?

1. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in production, operation, advertising, publicity and performance;

2. Forging or manufacturing identical or similar trademarks or special signs without authorization, or selling forged or unauthorized trademarks or special signs;

3, disguised use of the same or similar trademarks, special signs, patents, works and other creative achievements;

4. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in the registration of enterprises, social organizations, institutions and private non-enterprise units and in the names of websites, domain names, buildings, structures and places;

5. Providing places, storage, transportation, mailing, concealment and other convenient conditions for the infringement;

6. Other infringements in violation of relevant national laws and regulations.

What are the penalties for infringing intellectual property rights?

1, ordered to stop the infringement and eliminate the impact;

2. Seal up relevant property and materials that may be transferred, concealed or destroyed according to law;

3. Eliminate the infringing trademark marks, special marks, patent marks, works and other creative achievements on existing articles;

4. Collect and destroy infringing trademark marks, patent marks and special marks;

5. Collect tools such as molds and plates directly used for infringement;

6, infringing trademarks, special signs, patents, works and other creative achievements and articles are difficult to separate, it shall be ordered and supervised to destroy.

To sum up, I'll sort out the relevant contents about infringement of intellectual property rights. Thus, according to the provisions of the Civil Procedure Law, the limitation of action is two years. If the prosecution exceeds this limit and there are no special circumstances, the court will not accept it. When the obligee knows that the intellectual property rights have been infringed, he should collect evidence in time and bring a civil lawsuit to the court.