The statute of limitations for infringement actions is three years. Tort liability is a civil dispute and the statute of limitations for civil actions applies. The duration of a general civil lawsuit is three years, starting from the date when the parties know that their rights have been violated. If the victim claims rights against the infringer, the statute of limitations shall be calculated from the date of the last claim.
What are the ways to bear civil liability?
The ways to bear civil liability are:
1. Stop the infringement. Stop infringement is mainly used for infringement of intellectual property rights (trademark rights, etc.) and personal rights (name rights, portrait rights, etc.);
2. Eliminate obstacles. Eliminating obstacles is mainly used to protect property ownership, management rights, contracting rights, use rights, and adjacent rights;
3. Eliminate dangers. Eliminating dangers is mainly used to eliminate dangers to one's own property and personal life that may be caused by other people's business activities or poor property management;
4. Return property. Return of property is widely applicable to situations where property is illegally occupied by others;
5. Restoration to its original state. Restoration is mainly a form of liability used when misappropriating other people's property;
6. Repair, redo, and replace. Repair, redo, and replacement are mainly forms of civil liability adopted when the quality of the subject matter of the concert fails to meet the standards when the debtor performs the contract;
7. Compensation for losses. Compensation for damages is one of the most commonly used in civil law. Whether it is tort liability or breach of contract liability, you can compensate for losses;
8. Pay liquidated damages. This form of liability only applies to liability for breach of contract;
9. Eliminate the impact and restore reputation. Eliminating the impact and restoring reputation mainly applies to infringements on reputation rights, other personal rights and infringements on intellectual property rights.
10. Apologize.
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 twenty 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.