Current location - Trademark Inquiry Complete Network - Trademark inquiry - What compensation does the plaintiff have to bear if he loses?
What compensation does the plaintiff have to bear if he loses?

1. What compensation will the plaintiff bear if he loses?

1. The compensation that the plaintiff will bear if he loses is as follows:

(1) The plaintiff has pre-submitted the lawsuit The costs are borne by the plaintiff himself, unlike after winning the case, the defendant will reimburse the litigation fees that the plaintiff has paid in advance;

(2) Litigation costs are also borne by the plaintiff, such as judicial appraisal fees, etc. If the lawsuit is won, the defendant can be ordered to bear it

(3) Before the lawsuit, there was a similar agreement between the plaintiff and the defendant that "the lawyer's agency fees paid to realize the creditor's rights shall be borne by the defendant", also The plaintiff had to bear the responsibility for losing the case.

2. Legal basis: Article 13 of the "Measures for the Payment of Litigation Fees"

Case acceptance fees shall be paid according to the following standards:

(1) Property cases According to the amount or value of the litigation request, the cumulative payment shall be made in installments according to the following proportions:

1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each case;

2. If it exceeds 1 The portion from 10,000 yuan to 100,000 yuan shall be paid according to 2.5;

3. The portion exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2;

4. The portion exceeding 200,000 yuan shall be paid according to 2. The portion up to 500,000 yuan shall be paid according to 1.5;

5. The portion exceeding 500,000 yuan to 1 million yuan shall be paid according to 1;

6. The portion exceeding 1 million yuan to 200 The portion exceeding 10,000 yuan shall be paid at the rate of 0.9;

7. The portion exceeding 2 million yuan to 5 million yuan shall be paid at the rate of 0.8;

8. The portion exceeding 5 million yuan to 10 million yuan shall be paid at the rate of 0.8 The portion exceeding 10 million yuan to 20 million yuan shall be paid at the rate of 0.6;

10. The portion exceeding 20 million yuan shall be paid at the rate of 0.5 .

(2) Non-property cases should be paid according to the following standards:

1. Divorce cases should be paid between 50 yuan and 300 yuan for each case. Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5 will be paid.

2. For cases of infringement of name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, a fee of 100 yuan to 500 yuan will be paid for each case. When it comes to damage compensation, if the amount of compensation does not exceed 50,000 yuan, no separate payment will be made; the part exceeding 50,000 yuan to 100,000 yuan shall be paid according to 1; the part exceeding 100,000 yuan shall be paid according to 0.5.

3. For other non-property cases, a fee of 50 yuan to 100 yuan is required for each case.

(3) In intellectual property civil cases, if there is no disputed amount or value, 500 to 1,000 yuan will be paid for each case; if there is a disputed amount or value, the payment shall be in accordance with the standards for property cases.

(4) Each labor dispute case shall be paid 10 yuan.

(5) Administrative cases shall be paid according to the following standards:

1. Trademark, patent, and maritime administrative cases shall be paid 100 yuan each;

2. Other administrative cases The fee for each case is 50 yuan.

(6) If the party concerned raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific payment standards within the range specified in items (2), (3), and (6) of this article based on local actual conditions.

2. What are the circumstances under which the defendant’s attorney fees are borne by the plaintiff?

1. In contract dispute cases, the creditor exercises the right of revocation;

2. Copyright Civil dispute cases;

3. Trademark civil dispute cases.