1. What is the basis for asking the defendant to bear the legal fees?
1, patent infringement case.
Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases Article 22 The people's court may, according to the request of the obligee and the specific case, calculate the reasonable expenses paid by the obligee for investigating and stopping the infringement within the scope of compensation.
2. Trademark infringement cases.
Article 56 of the Trademark Law, the amount of compensation for infringement of the exclusive right to use a trademark refers to the interests gained by the infringer or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement.
3. Copyright infringement cases.
Article 48 of the Copyright Law: If copyright or copyright-related rights are infringed, the infringer shall make 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.
4. Infringement cases of integrated circuit layout design.
The amount of compensation for infringement of the exclusive right of layout-design stipulated in the third paragraph of Article 30 of the Regulations on the Protection of Layout-design of Integrated Circuits refers to the benefits obtained by the infringed party or the losses suffered by the infringed party, including the reasonable expenses paid by the infringed party to stop the infringement.
5. Cases of revocation right.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the People's Republic of China (PRC) Contract Law (1) Article 26 The necessary expenses such as attorney's fees and travel expenses paid by the creditor in exercising its cancellation right shall be borne by the debtor; If the third party is at fault, it shall share it appropriately.
6. Cases of unfair competition infringement.
Anti-unfair Competition Law Article 20 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 gained during the infringement period; And bear the reasonable expenses paid by the infringed business operator for investigating the unfair competition behavior of the business operator that infringes on its legitimate rights and interests.
It should be pointed out that the first four cases are all intellectual property cases, all of which must be infringement cases, and all of them are expressed as "reasonable expenses paid to stop the infringement". Although it is not clearly defined as legal fees, it includes legal fees, provided that legal fees are "reasonable" expenses in line with market conditions.
Second, can it be stipulated in the contract that the lawyer's fee shall be borne by the losing party?
According to the principle of freedom of contract, as long as both parties agree in the contract that the lawyer's fee shall be borne by the losing party, then in the process of prosecution or arbitration, the lawsuit request about lawyer's fee will generally be supported by the court. Therefore, when drawing up a contract, both parties to the contract can list the lawyer's fees as compensation for breach of contract, and even specify the way and standard of bearing the lawyer's fees in detail. When drafting such a breach of contract clause, special attention should be paid to clearly stating "lawyer's fees". Others, such as the "fees for realizing creditor's rights", are not clear and may not be supported by lawyer's fees. The court's examination of this agreement is very strict.
Third, the work and role of lawyers.
In civil litigation, the lawyer's work can be roughly divided into three stages. After accepting the entrustment, the lawyer should make a comprehensive analysis of the case by understanding the case and the request of the parties, and then draw a strict litigation plan. The idea of the plan is mainly embodied in the complaint. A civil complaint is an important legal document, which is drafted by a lawyer. At the same time, it is necessary to guide the parties to prepare and sort out the evidence. This is the first stage. At this stage, the lawyer's main labor is intangible and the most important, and even plays a decisive role in the success or failure of the case. The second stage is to file a case. Lawyers should prepare filing materials and file a case in court on behalf of the parties. After the court accepts the case, it will wait for the court summons to inform the court to open the session. The third stage is trial, which is the central link of litigation. The lawyer will make full preparations before the trial. In court, lawyers should give evidence, cross-examine, express opinions and debate. After the hearing, lawyers can also organize written statements and submit them to the court. After the court's decision, if the party refuses to accept it, he can also appeal on his behalf. The above is the main work of lawyers in civil litigation.
The above is the relevant content of what is the basis for asking the defendant to bear the lawyer's fee. From the above, we can know that although the lawyer's fee is borne by the party who hires a lawyer in principle, there are many exceptions. If you still don't understand or encounter any problems, you can consult a lawyer and they will give you professional advice.