The statute of limitations for handling administrative violations in the field of intellectual property is how long?
Point a Clause 1 Article 6 of the Law on Handling Administrative Violations 2012 stipulates the statute of limitations for imposing administrative penalties as follows:
- The statute of limitations for imposing administrative penalties is 01 year, except for the following cases:
Administrative violations in the fields of accounting; tax procedures; fees and charges; insurance business; price management; securities; intellectual property; construction; protection of aquatic resources; forest management; investigation, planning, exploration, exploitation, and utilization of water resources; exploration and extraction of petroleum and other minerals; environmental protection; atomic energy; housing and office management and development; land; dike protection; press; publishing; production, export, import, and trading of goods; production and sale of prohibited and counterfeit goods; overseas labor management will have a statute of limitations for imposing administrative penalties of 02 years.
Administrative violations involving tax evasion, tax fraud, late tax payment, and under-declaration of tax obligations will have a statute of limitations for imposing administrative penalties as stipulated by tax laws.
Therefore, according to the above regulations, the statute of limitations for handling administrative violations in the field of intellectual property is 02 years.
For violations that have ended, the statute of limitations is calculated from the time the violation ceased.
For ongoing violations, the statute of limitations is calculated from the time the violation is discovered.
Best regards!