In civil litigation, litigation fees are allocated by the court based on the actual circumstances of the case. Generally, whoever loses the lawsuit bears the responsibility. As for attorney fees, if there is an agreement, you can follow the agreement. If there is no agreement, whoever hires the attorney will pay. Among them, the losing party in intellectual property cases bears all costs.

Litigation costs shall be borne by the losing party:

1. Litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them.

2. If the case is partially won and partially lost, the court shall determine the amount of litigation costs borne by each party based on the specific circumstances of the case.

3. ***If the same litigant loses the lawsuit, the court shall determine the amount of litigation expenses borne by each party based on its interest in the subject matter of the litigation.

Situations in which the losing party bears all costs:

1. In contract dispute cases, the creditor exercises the right of revocation. Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (1)": "Article 26: Lawyer fees, travel expenses and other necessary expenses paid by the creditor when exercising the right of revocation , shall be borne by the debtor; if the third party is at fault, the liability shall be appropriately shared. ”

2. Copyright civil dispute cases. Legal basis: "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes": "Article 26 Reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 48 of the Copyright Law include rights The people's court may calculate the reasonable expenses of a person or an agent to investigate and collect evidence for infringements in accordance with the litigation claims of the parties and the specific circumstances of the case."

3. Trademark civil dispute cases. Legal basis: "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases": "Article 17 The reasonable expenses paid to stop infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law include the right holder Or the reasonable expenses of entrusting an agent to investigate and collect evidence on the infringement. The people's court may calculate the attorney's fees that comply with the provisions of the relevant state departments into the scope of compensation based on the litigation claims of the parties and the specific circumstances of the case. ”

Extended information:

"Contract Law of the People's Republic of China"

Article 74: Because the debtor abandons its due creditor's rights or transfers property without compensation, any consequences to the creditor are caused If damage is caused, the creditor may request the People's Court to revoke the debtor's act. If the debtor transfers property at an obviously unreasonable low price, causing damage to the creditor, and the transferee is aware of this situation, the creditor may also request the people's court to revoke the debtor's behavior.

"Copyright Law of the People's Republic of China"

Article 49 If a copyright or copyright-related rights is infringed, the infringer shall pay compensation according to the actual loss of the right holder. Compensation; if the actual loss is difficult to calculate, compensation may be provided based on the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of less than 500,000 yuan.

"Measures for the Payment of Litigation Fees"

Article 29: Litigation expenses shall be borne by the losing party, unless the winning party voluntarily bears them.

If the case is partially won and partially lost, the people's court shall determine the amount of litigation costs borne by each party based on the specific circumstances of the case.

***If the same litigant loses the lawsuit, the People's Court shall determine the amount of litigation expenses that the parties shall bear based on their interest in the subject matter of the litigation.

Article 30: If the second-instance People's Court changes the judgment or ruling made by the first-instance People's Court, it shall correspondingly change the first-instance People's Court's decision on the burden of litigation costs.

Article 31: In cases where an agreement is reached through mediation by the People's Court, the burden of litigation costs shall be settled through negotiation between the two parties; if the negotiation fails, the People's Court shall decide.

Reference materials: Baidu Encyclopedia: "Measures for the Payment of Litigation Fees"

Baidu Encyclopedia: "Contract Law of the People's Republic of China"