According to the Supreme People's Court's Opinions on Further Promoting the Diversion of Complicated Cases and Optimizing the Allocation of Judicial Resources
22. Guide the parties to conduct rational litigation in good faith. Intensify the crackdown on dishonest litigation such as false litigation and malicious litigation, give full play to the leverage of legal fees and attorney fees, standardize the litigation behavior of the parties, and urge the parties to choose an appropriate way to resolve disputes.
If a party abuses litigation rights, delays in undertaking litigation obligations and other obvious misconduct, resulting in direct losses to the other party or a third party, the people's court may, according to the specific circumstances, support the innocent party's legitimate request for compensation for reasonable attorney's fees.
copyright law
Article 49 Where copyright or copyright-related rights are infringed, the infringer shall pay compensation according to the actual losses of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of trademark civil disputes.
Article 17 The reasonable expenses paid for stopping the infringement as stipulated in the first paragraph of Article 56 of the Trademark Law include the reasonable expenses for the obligee or entrusted agent to investigate and collect the evidence of infringement.
The people's court may, according to the claims of the parties and the specific circumstances of the case, calculate the lawyer's fees that meet the requirements of the relevant state departments within the scope of compensation.
Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases
Article 22 If the obligee claims that reasonable expenses have been paid to stop the infringement, the people's court may calculate the compensation amount in addition to the compensation amount determined in Article 65 of the Patent Law.
People's Republic of China (PRC) Anti-unfair Competition Law
Article 17? Business operators who violate the provisions of this law and cause damage to others shall bear civil liability according to law.
If the legitimate rights and interests of business operators are damaged by acts of unfair competition, they may bring a lawsuit to the people's court.
The amount of compensation for operators who have suffered from unfair competition shall be determined according to the actual losses suffered by them due to infringement; If the actual loss is difficult to calculate, it shall be determined according to the interests obtained by the infringer due to infringement. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.
If an operator violates the provisions of Articles 6 and 9 of this Law, and it is difficult to determine the actual losses suffered by the obligee and the benefits gained by the infringer due to the infringement, the people's court shall award the obligee compensation of less than 3 million yuan according to the circumstances of the infringement.
Heilongjiang Dongfanghong Forest District Court Network-the Supreme People's Court's opinion on further promoting the diversion of complex cases and optimizing the allocation of judicial resources
Lu 'an Municipal People's Congress-People's Republic of China (PRC) Copyright Law
Trademark office-interpretation of the supreme law on some issues concerning the application of law in the trial of trademark civil disputes
People's Daily Online-Some Provisions of the Supreme People's Court Municipality on Applicable Law in the Trial of Patent Dispute Cases
Karamay Integrity Network-China People and China Anti-unfair Competition Law