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Time limit for prosecution of counterfeit wine trademark infringement

Legal analysis: The statute of limitations for prosecution of infringing counterfeit wine trademarks is 3 years, starting from the date when the trademark registrant or interested owner knew or should have known about the infringement. The law stipulates that if a trademark registrant or interested party files a lawsuit more than three years ago, if the infringement is still continuing at the time of the lawsuit, within the validity period of the exclusive right to use the registered trademark, the people's court shall order the defendant to stop the infringement, and the amount of infringement damages shall be determined automatically. The calculation shall be calculated forward three years from the date when the right holder files a lawsuit in the People's Court.

Legal basis: Article 188 of the "People's Republic of China and Civil Code"

The statute of limitations for requesting protection of civil rights from the People's Court is three years. If the law provides otherwise, such provisions shall prevail.

The statute of limitations shall be calculated from the date when the obligee knows or should know that the right has been damaged and the obligor knows. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the right was damaged, the people's court will not grant protection. If there are special circumstances, the people's court may decide to extend the time based on the application of the right holder.