Intellectual property infringement attorney fees are generally borne by the infringer. If it is determined that the infringer has infringed the facts, the infringer needs to stop the infringement and pay all the costs lost by the infringing author, including prosecution. A series of attorney fees that the infringer needs to pay.

1. Who should bear the attorney fees for intellectual property infringement? In intellectual property cases such as copyright infringement, trademark exclusive rights, patent rights cases, etc., the rights holder can claim the fees for hiring a lawyer as reasonable expenses for defending the rights. The infringer shall bear the responsibility. (1) According to Article 48 of the Copyright Law and the Trademark Law, the amount of compensation for infringement of copyright and trademark exclusive rights includes reasonable expenses paid to stop the infringement. (2) Article 17 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Dispute Cases" stipulates: Reasonable expenses paid to stop infringements stipulated in Article 56 of the "Trademark Law" include the right holder or the entrusted agent Reasonable expenses for investigating and collecting evidence for 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 provisions of relevant national departments into the scope of compensation. (3) Article 26 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" stipulates: Reasonable expenses paid to stop infringement as stipulated in Article 48, Paragraph 1 of the "Copyright Law" include the right holder Or the reasonable expenses of entrusting an agent to investigate and collect evidence on the infringement. The People's Court may, based on the parties' litigation claims and specific case circumstances, calculate attorney fees that comply with the provisions of relevant national departments into the scope of compensation. (4) Article 22 of the "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" stipulates: If the right holder claims that it has paid reasonable expenses to stop the infringement, the People's Court may, in Article 65 of the Patent Law, The amount of compensation shall be calculated separately from the amount of compensation determined in Article 1. Both parties clearly agreed in the contract that attorney fees would be borne by the losing party. According to the principle of freedom of contract, as long as both parties agree in the contract that attorney fees will be borne by the losing party, claims for attorney fees will generally be supported during prosecution or arbitration. Therefore, lawyers remind that when drafting a contract, the parties to the contract can include attorney fees as part of the liquidated damages content, and can even list in detail the method and standards for bearing attorney fees. When drafting such a breach of contract clause, special attention must be paid to clearly stating "attorney's fees". Others such as "expenses for realizing creditor's rights" are not clearly agreed and may not be supported by attorney's fees. The court's agreement on this The censorship is very strict. When filing a lawsuit, the plaintiff must submit the entrustment contract signed with the law firm and the attorney fee invoice issued by the law firm as evidence of payment of attorney fees. However, the specific amount of support will depend on the judge's discretion and will be supported based on the nature of the case. Usually the court will support "reasonable" attorney fees, not all costs.

2. The determination of patent infringement mainly includes the following aspects: (1) The object of infringement should be a valid patent that enjoys patent rights in my country. First of all, in view of the regional nature of patent rights, valid patents should generally refer to patents authorized by the State Intellectual Property Office. Secondly, in view of the timeliness of patent rights, only patent rights that have not expired due to payment, invalidation, abandonment, etc. within the specified protection period are valid patents. It should be noted that if a patent right is declared invalid for some reason, the patent right will be regarded as non-existent from the beginning. Therefore, even if someone else has implemented it before, it is not enough to constitute patent infringement. (2) There are illegal acts. That is, the perpetrator has exploited the patent for profit without the permission of the patentee. It should be noted that the Patent Law stipulates five acts that are not considered to be infringements and are exceptions to liability for patent infringement. If the actor cannot provide evidence as a defense, the actor should be deemed to have committed patent infringement and be prosecuted in accordance with the law. Take responsibility. (3) The perpetrator is subjectively at fault. The subjective fault of the infringer includes intentionality and negligence. The so-called intentionality means that the actor knows that his behavior is an infringement of the patent rights of others and carries out the behavior; the so-called negligence means that the actor carries out the behavior of infringing the patent rights of others due to negligence or overconfidence. However, there are exceptions. For example, Article 63, Paragraph 2 of the Patent Law stipulates that even if the perpetrator has no subjective fault, it still constitutes patent infringement, but he will not be liable for compensation. (4) It should be for the purpose of production and operation.

Article 11 of the Patent Law stipulates: After an invention-creation is granted a patent right, no one may exploit the patent unless otherwise provided in this law, and the exploitation shall not be for the purpose of production or business. Therefore, the purpose of production and operation should also be one of the constituent elements for judging patent infringement. The management scope of intellectual property infringement cases is the local People's Court of the infringement case. If general intellectual property rights have been infringed, you can file a complaint with the intellectual property management department. If the circumstances are serious, you can file a lawsuit in court to safeguard your legitimate rights and interests. Investigate the criminal liability of relevant infringers.