According to the relevant provisions of the Chinese Civil Procedure Law, the parties in a patent civil infringement case shall perform the court’s effective judgments, rulings, etc.. Where the party refuses to perform, the opposing party may apply to the court for enforcement within two years from the effective date of the judgments, rulings, etc., or the last day of the performance period specified in the judgments or ruling. Since the limitation of action of the application for enforcement shall be governed by the provisions of the Civil Procedure Law on the suspension and interruption of the statute of limitations, and it is also necessary to avoid the transfer of property by the party liable for compensation after the delay in time, the party winning the lawsuit shall communicate with the infringing party as soon as possible to request it to conduct the effective rulings. The winner may apply to the court for compulsory enforcement directly after communicating to no avail.
Continue Reading Brief Introduction of Enforcements of Judgments in Chinese Patent Infringement Cases