What are the new standards for court litigation fees in infringement cases? Specific calculation method?
The "Measures for the Payment of Litigation Fees" were adopted at the 159th executive meeting of the State Council on December 8, 2006, and are hereby promulgated and shall come into effect on April 1, 2007.
"Measures for the Payment of Litigation Fees" Chapter 3 Payment Standards
Article 13 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 between 10,000 yuan and 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 amount exceeding 200,000 yuan 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 2,000,000 yuan shall be paid according to 1. The portion of 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 0.7;
The portion exceeding 20 million yuan shall be paid at the rate of 0.5 .
(2) Non-property cases shall be paid according to the following standards:
1. Divorce cases shall be paid from 50 yuan to 300 yuan per 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, the fee is 50 yuan to 100 yuan per case.
(3) In intellectual property civil cases, if there is no disputed amount or value, 500 yuan to 1,000 yuan shall 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) 10 yuan is required for each labor dispute case.
(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 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.
In addition, many websites have legal cost calculators where you can come up with accurate legal costs. The subject fee of the economic case is 400,000 yuan. How much are the litigation fees, lawyer fees, and execution fees? Calculation method?
You can agree on the fee with the lawyer. Lawyer Wu Bin of Bank of China (Shanghai) Law Firm
Fee. What is the calculation method for legal fees?
This depends on the type of lawsuit you have. You are asking a question. In order to avoid misleading you, I will not answer it. I'm sorry O(∩_∩)O~ Who pays the legal fees if you win the house infringement case
If the indictment states that the legal fees of this case will be borne by the other party, then the legal fees will be borne by the losing party. If the preservation fee is also stated to be borne by the other party, it can be borne by the other party. If not, it will be borne by the applicant. The cost of announcement shall be borne by the applicant.
For specific basis, please refer to the "Measures for the Payment of Litigation Fees" (State Council Order No. 481). Litigation fee standards for credit transfer cases
Charged according to property cases
Case acceptance fees shall be paid according to the following standards:
(1) Property cases based on the amount requested Or the price shall be paid cumulatively according to the following proportions:
1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each item;
2. If it exceeds 10,000 yuan to 100,000 yuan The amount exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2.
4. The amount exceeding 200,000 yuan to 500,000 yuan shall be paid according to 2. The portion exceeding 500,000 yuan to 1 million yuan shall be paid according to 1.
What are the specific prosecution standards for trademark infringement cases
Having the following four elements constitutes an infringing practice of selling goods with counterfeit registered trademarks: rn1) There must be illegal practices, that is, the legal person has implemented the practice of selling goods with counterfeit registered trademarks; rn2) There must be The occurrence of damage means that the practice of selling counterfeit trademarked goods by the legal person has resulted in damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the rights holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage. rn3〕The illegal practitioner made a subjective mistake, which means that the legal practitioner already knew or should have known the fact that the goods sold were counterfeit registered trademarks. rn4) There must be a causal relationship between the illegal practice and the damage, that is, there is a causal relationship between the illegal practitioner’s sales practices and the damage caused to the trademark owner. Litigation fee calculation standards and payment methods for inheritance cases in Shanghai
I hope this is helpful to everyone. Inheritance cases are property cases
There are currently four payment methods: designated bank counters, courts Offices, PaiTong website, PaiTong APP
Also attached is a fee standard for property cases:
For less than 10,000 yuan, 50 yuan
10,000 to 10,000 yuan The portion of 100,000 yuan is paid at the rate of 2.5
The portion from 100,000 to 200,000 is paid at the rate of 2
The portion from 200,000 to 500,000 is paid at the rate of 1.5
50 The portion from 10,000 to 1 million is paid at the rate of 1
The portion from 1 million to 2 million is paid at the rate of 0.9
The portion from 2 million to 5 million is paid at the rate of 0.8
The portion from 5 million to 10 million should be paid at the rate of 0.7
The portion from 10 million to 20 million should be paid at the rate of 0.6
The portion exceeding 20 million should be paid at the rate of 0.5. The court will also charge litigation fees for settlement cases.
Accept or withdraw the case. If the litigation fees have been paid, the general litigation fees will be refunded to the plaintiff. If the litigation fees have not been paid, there is no need to pay the litigation fees. In the case of the subject amount of the lawsuit, what will the court do? Collecting litigation fees
For cases with a litigation subject matter, litigation fees shall be paid according to the amount of the lawsuit.
If the court applies the simplified procedure to hear the case, the legal fees can be halved.
Article 13 of the "Measures for the Payment of Litigation Fees" stipulates that case acceptance fees shall be paid in accordance with the following standards:
(1) In property cases, according to the amount or value of the litigation claim, according to The following proportions are paid cumulatively:
1. If the amount does not exceed 10,000 yuan, 50 yuan will be paid for each item;
2. The amount exceeding 10,000 yuan to 100,000 yuan will be paid in accordance with the 2.5 shall be paid;
3. The amount exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2;
4. The amount exceeding 200,000 yuan 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 2 million yuan shall be paid according to 0.9;
7. The amount exceeding 2 million yuan to 5 million yuan shall be paid at the rate of 0.8;
8. The amount exceeding 5 million yuan to 10 million yuan shall be paid at the rate of 0.7;
9. 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.
Article 16 of the "Measures for the Payment of Litigation Fees" stipulates that the case acceptance fee for cases subject to simplified procedures will be reduced by half. What is the statute of limitations for patent infringement cases?
my country's Patent Law clearly stipulates that the statute of limitations for patent infringement is 2 years. The patentee or interested party knows or should know about the infringement. Calculated from the date.