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In civil litigation, can the defendant be asked to pay attorney fees?

No, only in some special circumstances the legal fees will be borne by the other party, for example:

According to the "Several Opinions of the Supreme People's Court on Further Promoting the Separation of Complex Cases from Simple Cases and Optimizing the Allocation of Judicial Resources"

22. Guide the parties to litigate honestly and rationally. Strengthen the crackdown on unfaithful litigation behaviors such as false litigation and malicious litigation, give full play to the leverage of litigation fees and attorney fees to regulate the litigation behavior of parties, and encourage parties to choose appropriate ways to resolve disputes.

If a party commits obvious misconduct such as abusing litigation rights, delaying the assumption of litigation obligations, etc., causing direct losses to the other party or a third party, the people's court may, based on the specific circumstances, award reasonable compensation to the lawyer who is not at fault in accordance with the law. Fees and other legitimate requests will be supported.

"Copyright Law"

Article 49 If a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate , compensation can be paid according to 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.

"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: Stopping infringement as stipulated in Paragraph 1 of Article 56 of the Trademark Law Reasonable expenses paid for the act, including reasonable expenses incurred by the right holder or his agent to investigate and collect evidence for the infringement.

Based on the litigation claims of the parties and the specific circumstances of the case, the people's court may calculate attorney fees that comply with the regulations of the relevant state departments into the scope of compensation.

"Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases"

Article 22 If the right holder claims that it has paid reasonable expenses to stop the infringement, the people's court shall The court may calculate the amount of compensation in addition to the amount of compensation determined in Article 65 of the Patent Law.

"Law of the People's Republic of China and the State Against Unfair Competition"

Article 17: If an operator violates the provisions of this law and causes damage to others, he shall bear civil liability in accordance with the law. responsibility.

If an operator's legitimate rights and interests are harmed by unfair competition, he may file a lawsuit with the People's Court.

The amount of compensation for an operator who is harmed by unfair competition shall be determined based on the actual losses suffered by the operator due to the infringement; if the actual losses are difficult to calculate, the amount of compensation shall be determined based on the benefits obtained by the infringer due to the 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 right holder due to the infringement and the benefits obtained by the infringer due to the infringement, the people's court shall decide based on the infringement. According to the circumstances, the right holder shall be awarded a compensation of less than three million yuan.

Heilongjiang Province Dongfanghonglin District Court Network-Several Opinions of the Supreme People's Court on Further Promoting the Separation of Complex Cases from Simple Cases and Optimizing the Allocation of Judicial Resources

Lu'an Municipal People's Congress-People's Republic of China* **Copyright Law of the People's Republic of China

Trademark Office-Supreme People's Court's Interpretation on Several Issues concerning the Applicable Law in the Trial of Civil Trademark Dispute Cases

People's Daily Online-The Supreme People's Court's Interpretation on the Applicable Law in the Trial of Patent Dispute Cases Several provisions on the issue

Karamay Integrity Network-The People’s Republic of China and the Anti-Unfair Competition Law of the People’s Republic of China