In the real society, although my country's protection of intellectual property rights is increasing day by day, infringements still occur in endlessly. After a citizen's intellectual property rights are infringed and the negotiation fails to resolve the matter, he or she may file a lawsuit in court. Generally, such cases are civil cases and have corresponding statutes of limitations. So how long is the statute of limitations for infringement of intellectual property rights? In this article, I will explain it to you in detail.
How long is the statute of limitations for infringement of intellectual property rights? According to the Civil Procedure Law, the statute of limitations is two years. If a lawsuit is filed beyond this limitation period, the court will not accept it unless there are special circumstances. The details are as follows: The statute of limitations for infringement of intellectual property rights is 2 years, calculated from the date the right holder knew or should have known. If the right holder of a patent, trademark or copyright files a lawsuit more than 2 years ago, if the intellectual property is still within the protection period, the People's Court shall order the defendant to stop the infringement; the amount of infringement damages shall be calculated from the date when the right holder files a lawsuit with the People's Court. Calculation is calculated forward 2 years. It is worth noting that the statute of limitations for infringement of patent rights is two years. If the right holder files a lawsuit more than two years ago, if the infringement is still continuing at the time of prosecution, the people's court shall order the defendant to stop the infringement during the validity period of the patent.
Infringement of intellectual property rights includes: 1. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creations in production, business, advertising, publicity, performance and other activities Achievements; 2. Forgery or unauthorized manufacture of identical or similar trademarks, special marks or sale of forged or unauthorized manufacture of trademarks, special marks; 3. Disguised use of identical or similar trademarks, special marks, patents, works and other creative achievements ; 4. Use the same or similar trademarks, special signs, patents, etc. in the registration of enterprises, social groups, public institutions, private non-enterprise units, and websites, domain names, place names, buildings, structures, places, etc. without authorization. Works and other creative achievements; 5. Providing venues, warehousing, transportation, mailing, concealment and other convenient conditions for infringement; 6. Other infringements that violate relevant national laws and regulations.
What are the punishment methods for infringement of intellectual property rights? 1. Order to stop the infringement and eliminate the impact; 2. Seal relevant property and data that may be transferred, concealed, or destroyed in accordance with the law; 3. Eliminate infringement on existing items Trademarks, special marks, patent marks, works and other creative achievements; 4. Seize and destroy infringing trademark marks, patent marks, special marks; 5. Seize molds, printing plates and other tools directly used for infringement; 6. Infringing trademarks , special marks, patents, works and other creative achievements that are difficult to separate from the objects shall be ordered and supervised to be destroyed. Based on the above, I have compiled relevant content about intellectual property infringement. It can be seen that according to the provisions of the Civil Procedure Law, the statute of limitations is two years. If you file a lawsuit beyond this time limit, the court will not accept it unless there are special circumstances. When the rights holder knows that the intellectual property rights have been infringed, he should collect evidence and materials in a timely manner and file a civil lawsuit with the court.