What is the statute of limitations for failure to pay appropriate royalties for use of an invention before grant?

It is an infringement to use the other party's patent rights without paying the applicable fees before granting the right to use it. In this case, the patentee can file a lawsuit in court to solve the problem and obtain relevant damages from the infringing party. If compensation is required, then this lawsuit is time-limited, so today the editor of Legal Savior Network will tell you how this time is stipulated in relevant laws.

How long is the statute of limitations for failure to pay appropriate royalties for use of an invention before grant

Limitation period for patent infringement— —2 years

"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases"

Article 28 The statute of limitations for copyright infringement is two years, calculated from the date 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 with the People's Court. Calculated based on two years.

Article 29 of the Copyright Law 4 For infringements stipulated in Article 17, the people's court, in addition to holding the perpetrator civilly liable at the request of the parties, may also impose civil sanctions in accordance with the provisions of paragraph 3 of Article 134 of the General Principles of the Civil Law. The amount of the fine may be referred to the "People's Republic of China" The relevant provisions of the Regulations for the Implementation of the Copyright Law of the Republic of China are determined.

The copyright administrative department has issued administrative sanctions for the same infringement If punished, the people's court will no longer impose civil sanctions.

Timeliness is a priority in any litigation process Importantly, if the statute of limitations is exceeded, the law enforcement department will not accept the case except in special circumstances. The patentee will start counting when he discovers that he has been infringed, and he must initiate litigation within the statute of limitations. Otherwise, it will be difficult to recover his losses. compensation. Moreover, patent infringement cases are more complex and the investigation and evidence collection time takes longer. Therefore, everyone must litigate the case promptly. If you have any questions about patent infringement cases, you are welcome to come to the Legal Savior website to consult with professional lawyers.