When being sued by the other party, the lawyer's fees are paid by the other party. The defendant generally also needs to hire a lawyer. In most cases, the lawyer's fees are borne by the retainer. However, infringement of copyrights and trademarks In civil disputes involving intellectual property rights, patent rights, and other civil disputes, as well as unfair competition cases and other civil disputes, the litigation fees may be borne by the losing party.
1. According to the regulations, who will pay the legal fees if the other party sues me? The legal fees shall be borne by the retainer. The circumstances in which the losing party shall bear the legal fees include: 1. Article 49 of the "Copyright Law" in cases of copyright civil disputes It stipulates: “In case of infringement of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the rights holder’s efforts to stop the infringement. Reasonable expenses incurred in connection with the conduct.” 2. Trademark Civil Dispute Cases "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases": "Article 17: "Reasonable expenses paid to stop infringements as stipulated in the Trademark Law, including the right holder or entrusted agent Reasonable expenses for investigation and evidence collection of infringement. The people's court may, based on the parties' litigation claims and the specific circumstances of the case, calculate attorney fees that comply with the regulations of the relevant state departments into the scope of compensation. " 3. Patent Dispute Cases "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" stipulates: "The People's Court may, based on the request of the right holder and the specific circumstances of the case, deduct the reasonable expenses paid by the right holder for investigating and stopping infringement. calculated within the scope of the compensation amount. "If attorney fees in patent dispute cases are to be calculated within the scope of the defendant's compensation, it must be based on "reasonable expenses paid for investigating and stopping infringement." 4. Unfair Competition Cases "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 the infringed operator’s loss is difficult to calculate, the amount of compensation shall be the infringer’s gains due to the infringement during the infringement period. profits; and shall bear the reasonable expenses paid by the infringed operator for investigating the operator’s unfair competition behavior that infringes upon its legitimate rights and interests.”
2. What factors should be considered in attorney fees? (1) The time spent working; (2) The difficulty of the legal affairs; (3) The number of lawyers required to handle the legal affairs and the professional capabilities of the lawyers; (4) The client's affordability and the local socio-economic development status; (5) The risks and responsibilities that the lawyer may bear; (6) The social reputation and work level of the lawyer; (7) Other necessary costs required to handle the case. For the defendant in civil litigation activities, the plaintiff's legal fees are borne by the plaintiff, but the attorney fees incurred by the defendant's hiring of a lawyer are also borne by the defendant, except for those that are borne by the losing party as stipulated by law. However, the law does not require the defendant to hire a lawyer.