The Similar And Different Regulations On Industrial Designs Between China And Canada/赫子竞(13)
The patentee has the right to affix a patent marking and to indicate the number of the patent on the patented product or on the packing of that product. You do not have to mark your design in order to indicate that it is registered as a design, but marking dose give you extra protection. The proper mark is a capital “D” inside a circle and the name, or abbreviation thereof, of the design’s proprietor on the article, its label or packaging.
4.2 Enforcing your rights from infringement
As proprietor, you may take legal action against anyone who infringes your design in Canada, it is your responsibility to take such action and you must do so within three years of the alleged infringement.
In China where a dispute arises as a result of the exploitation of a patent without the authorization of patentee, that is, the infringement of the patent right of the patentee, it shall be titled through consultation by the parties. Where the parties are not willing to consult with each other or where the consultation fails, the patentee or any interested party may institute legal proceedings in the People’s court or request the administrative authority fall patent affairs to handle the matter. Prescription for instituting legal proceedings concerning the infringement of patent right is two years counted from the date on which the patentee of any interested party obtains or should have obtained knowledge of the infringing act.
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