1. Limitation of action for copyright: According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes, the limitation of action 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.
2. Limitation of action for patent rights: According to the Patent Law of People's Republic of China (PRC), the limitation of action for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement.
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 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.
Three. Limitation of action for trademark rights: According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes, the limitation of action 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.
Legal Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes Article 18 The limitation period for infringement of the exclusive right to use a registered trademark is three years, counting from the date when the trademark registrant or interested party knows or should know that the right has been infringed. If the trademark registrant or interested party files a lawsuit for more than three years, and the infringement is still going on 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 infringement damages shall be counted forward for three years from the date when the obligee files a lawsuit with the people's court.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes Article 28 Where a people's court adopts preservation measures, it shall do so in accordance with the relevant provisions of the Civil Procedure Law and the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Intellectual Property Preservation Disputes.
Article 68 of the Patent Law of People's Republic of China (PRC) * * * Whoever counterfeits a patent shall bear civil liability according to law, and the department in charge of patent law enforcement shall order it to make corrections and make a public announcement, confiscate its illegal income, and may concurrently impose a fine of less than five times its illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.