Limitation Of Actions Of Our Intellectual Property Rights Is Researched

With the increasing sophistication of society, intellectual property rights of the intellectual role of the community growing, people on all kinds of intellectual property rights are more and more cases, of which statute of limitations on intellectual property litigation is also an endless stream of cases, are common, have gradually become people and the court issues the focus of attention. Intellectual property rights on the date the limitation point, the definition of the time and how to distinguish between acts of property claims practices and how to apply the statute of limitations and other issues, intellectual property infringement litigation is the question of statute of limitations applies to a few key points, and the author of several aspects in this thinking and put forward his own views. Intellectual property litigation and the very imperfect statute of limitations, the limitation of how to improve the proposal.The author spent on China's intellectual property litigation into four main parts to elaborate.The first part, introduced on the A Co., Ltd. v. Court in certain cases, such as patent ownership dispute the merits of the case decision process, the focus of controversial cases, the basis case.The second part, specific to A Ltd. v. ownership in certain patent disputes and other cases the focus of the analysis of three sentences. That is, the case is the applicable statute of limitations analysis, the focus of prosecution from the time point, the scope of application of the time to make some assessment.The third part, the focus of the case involved three issues, raises the question of limitation of action on intellectual property aspects of the inquiry. Limitation of actions from the concept of intellectual property rights, the nature, value, scope of application, and then from the scope of application, starting point, to know and should be aware that the application of the Court can take the initiative to study deep-seated problems.The fourth part of the adoption of the text, and finally made the time to improve China's intellectual property rights proposal. These proposals, mainly from how it should be clear legislation, a malicious use of the intellectual property rights of limitations to prosecute the courts how to deal with malicious tort litigation and tort statute of limitations for how to relief, the attitude of the court proceedings, to extend the statute of limitations and other aspects of the sound.