What is the statute of limitations for copyright infringement
"The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" stipulates: "The statute of limitations for copyright infringement is two years, calculated from the date when the copyright owner knew or should have known about the infringement." If the right holder files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, the People's Court shall order the defendant to stop the infringement during the copyright protection period; the amount of infringement damages shall be calculated from the date the right holder files a lawsuit to the People's Court. Calculated based on two years. ”
The core of the statute of limitations system is that the right holder files a lawsuit to the people's court to protect civil rights within a period of 3 years from the date when he knows or should know that the civil rights have been infringed, that is, the right holder You should proactively safeguard your legitimate rights and interests. If the right holder files a lawsuit for protection of civil rights within the 3-year statute of limitations, the People's Court will not grant protection. However, the interpretation of the Supreme People's Court stipulates that the "General Principles of the Civil Law of the People's Republic of China" shall apply. When the statute of limitations is stipulated in the "General Principles of the Civil Law of the People's Republic of China", it also stipulates that the statute of limitations for copyright infringement does not apply to the statute of limitations stipulated in the "General Principles of the Civil Law of the People's Republic of China".
According to the Supreme People's Court's "If the right holder files a lawsuit more than two years ago, if the infringement occurs at the time of the lawsuit, If the copyright infringement is still continuing, during the copyright protection period, the people's court should rule that the defendant should stop the infringement; the amount of infringement damages should be calculated forward two years from the date when the right holder files a lawsuit with the people's court. The statute of limitations does not apply to the statute of limitations system stipulated in the "General Principles of the Civil Law of the People's Republic of China". The right holder can disregard the statute of limitations system and is not restricted by the two-year statute of limitations. As long as the copyright owner commits an infringement when filing a lawsuit within the copyright protection period. If the lawsuit is still ongoing, you can apply to the People's Court for copyright protection. The People's Court can still support it, and the rights holder can still obtain infringement damages for two years from the date of filing.
This interpretation of the Supreme People’s Court sets the statute of limitations for copyright infringement within During the protection period of the copyright, the statute of limitations is extended from a legal perspective. The direct consequence of abandoning the statute of limitations may be the negative awareness of rights holders in safeguarding their rights and the abuse of their rights.
The above content is the relevant answer. Usually, if others After infringement of our copyright, our statute of limitations is generally two years, and these two years are calculated from the time the copyright owner becomes aware of the infringement of our rights. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
