What are the time limits for foreign-related intellectual property litigation
The statute of limitations for patent infringement is two years. The infringement shall be calculated from the date when the person or interested party learned or should have learned of the infringement.
Article 68 of the Patent Law: The statute of limitations for infringement of patent rights is two years, starting from the date when the Patentee or interested party learns or should have learned of the infringement.
Used after the invention patent application is published and before the patent right is granted. If appropriate royalties have not been paid for the invention, the statute of limitations for the patentee to demand payment of royalties is two years, calculated from the date when the patentee learned or should have learned that others were using the invention. However, the patentee shall not If it has been known or should have been known before the date of grant, the calculation shall be from the date of grant of the patent right.
"Patent Law" Article 60 Unpatented If the patentee's permission is granted to exploit the patent, that is to say, the patent rights are infringed upon and a dispute arises, it shall be settled by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit with the People's Court or request management of the patent. department processing. The patent management department determines the infringement when handling the matter.If established, the infringer may be ordered to immediately stop the infringement. If the party is dissatisfied, he may file a lawsuit with the People's Court in accordance with the Administrative Procedure Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice; if the infringer does not file a lawsuit upon expiration of the time limit, he will not If the infringement ceases, the patent management department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
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