Current location - Trademark Inquiry Complete Network - Trademark inquiry - How many years is the statute of limitations for infringement of intellectual property rights?
How many years is the statute of limitations for infringement of 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. Legal basis: Article 68 of the Patent Law of People's Republic of China (PRC), in addition to bearing civil liability according to law, the department in charge of patent law enforcement shall order it to make corrections and make a public announcement, confiscate the illegal income, and may impose a fine of less than five times the 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. Interpretation of several issues concerning the application of law in the trial of copyright civil disputes Article 28 The limitation period 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.