Newsletter
TIME LIMITS FOR DAMAGES CLAIMS FOR TRADEMARK IN-FRINGEMENT
Article 89-1 of the Copyright Law provides that the right to claim damages for a copyright in-fringement lapses if not exercised within two years from the date when the claimant becomes aware of the loss and of the identity of the person liable, or within 10 years from the date of the infringement. Article 88 Paragraph 5 of the Patent Law and Article 12 Paragraph 2 of the Trade Secrets Law impose similar time limits for damages claims for patent and trade secret in-fringements. However, neither of the two laws makes any explicit provision as to time limits for claiming damages for trademark and IC layout infringements, and there have been disputes on this point in practice.
In a 1990 judgment, the Supreme Court held that under Article 197 Paragraph 1 of the Civil Code, the right to claim damages arising from a tortious act lapsed if not exercised within two years from the date on which the claimant became aware of the loss and of the identity of the person liable, or within 10 years from the date of the act. As the Trademark Law as then in force contained no specific provision as to time limits for claiming damages, Article 197 of the Civil Code should apply. The most recently amended version of the Trademark Law, which is due to take effect on 28 November 2003, still defines no time limits. Therefore, based on the view of the Supreme Court, Article 197 Paragraph 1 of the Civil Code still applies.
It remains to be clarified whether claims arising out of IC layout infringements will be handled in the same way.