In the case of being sued by the other party, the lawyer's fee is paid by the other party, and the defendant generally needs to hire a lawyer. In most cases, the lawyer's fee is borne by the employer. However, in civil disputes and unfair competition cases that infringe intellectual property rights such as copyright, trademark right and patent right, the legal fees can be borne by the losing party.

1. According to the regulations, who will pay the lawyer's fee for the other party to sue me?

The legal fees shall be borne by the employer, and the cases in which the losing party bears the legal fees include:

1, copyright civil dispute case

Article 49 of the Copyright Law stipulates: "If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss 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 should also include the reasonable expenses paid by the right holder to stop the infringement. "

2. Trademark civil dispute cases

Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes: "The reasonable expenses paid by the obligee or entrusted agent to stop the infringement include the reasonable expenses for investigating and collecting evidence of the 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. "

3. Patent dispute cases

"Several Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases" stipulates: "The people's court may, according to the request of the obligee and the specific case, calculate the reasonable expenses paid by the obligee to investigate and stop the infringement within the scope of compensation." If the lawyer's fee for a patent dispute case is to be calculated within the scope of the defendant's compensation, it must be based on the premise of "reasonable expenses paid for investigating and stopping the infringement". "

4. Cases of unfair competition

The Anti-Unfair Competition Law stipulates: "If an operator violates the provisions of this law and causes damage to the infringed operator, he shall be liable for damages. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained by the infringer during the infringement period; It should also bear the reasonable expenses paid by the infringed operator for investigating the unfair competition behavior of the operator against his legitimate rights and interests. "

Second, what factors should be considered in lawyers' fees?

Working hours spent;

(two) the difficulty of legal affairs;

(three) the number of lawyers and the professional ability of lawyers required to handle legal affairs;

(four) the client's affordability and local social and economic development;

(5) Risks and responsibilities that lawyers may bear;

(6) The social reputation and working level of lawyers;

(seven) other expenses necessary for handling the case.

For the defendant in civil litigation activities, the plaintiff's legal fees shall be borne by the plaintiff, but the lawyer's fees incurred by the defendant's hiring a lawyer shall be borne by the defendant himself in addition to the legal provisions of the losing party. However, the law does not stipulate that the defendant must hire a lawyer.