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Extracts of China IP laws
China Patent Law
Atricle 61.
Where any patentee or interested party has evidence to prove
that another person is infringing or will soon infringe his
or its patent right and that if such infringing act is not
checked or prevented from occurring in time, it is likely
to cause irreparable harm to him or it, he or it may, before
any legal proceedings are instituted, request the people's
court to adopt measures for ordering the suspension of relevant
acts and the preservation of property.
Article 62
Prescription for instituting legal proceedings concerning
the infringement of patent right is two years counted from
the date on which the patentee or any interested party obtains
or should have obtained knowledge of the infringing act.
Where no appropriate fee for exploitation of the invention,
subject of an application for patent for invention, is paid
during the period from the publication of the application
to the grant of patent right, prescription for instituting
legal proceedings by the patentee to demand the said fee is
two years counted from the date on which the patentee obtains
or should have obtained knowledge of the exploitation of his
invention by another person. However, where the patentee has
already obtained or should have obtained knowledge before
the date of the grant of the patent right, the prescription
shall be counted from the date of the grant.
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