Legal analysis: In our country, the attorney fees of the plaintiff and defendant are, in principle, borne by the parties themselves. According to legal theory, the parties hire a lawyer to litigate in order to make up for their legal deficiencies, and of course they should bear the litigation costs themselves. However, there are a few special circumstances where, if the plaintiff wins the case, its attorney fees will be borne by the defendant.
Legal basis: Article 22 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Dispute Cases" stipulates that the People's Court may impose a penalty on the right holder based on the request of the right holder and the specific circumstances of the case. The amount of compensation for infringement of trademark rights shall be calculated based on the reasonable expenses paid to investigate and stop the infringement.
The amount of compensation for infringement of trademark rights shall be the amount of compensation incurred by the infringed party during the period of infringement. The benefits obtained from the infringement, or the losses suffered by the infringed party due to the infringement during the period of infringement, including reasonable expenses paid by the infringed party to stop the infringement.
Article 4 of the Copyright Law of the People's Republic of China. Article 18 If a copyright or copyright-related rights is infringed, 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 and the amount of compensation shall also include the "anti-unfairness". Article 20 of the Competition Law: 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 losses are difficult to calculate, the amount of compensation shall be the profits gained from the infringement during the infringement period. ; It shall also bear the reasonable expenses paid by the infringed operator to investigate the unfair competition behavior of the operator that infringes upon its legitimate rights and interests. The amount of compensation shall be the profits obtained by the infringed party during the infringement period, and shall bear the responsibility of the infringed operator for investigating the operator's infringement. Reasonable expenses paid by operators for unfair competition of their legitimate rights and interests include reasonable expenses paid by operators to stop the infringement.
This Law stipulates that any operator who causes losses to the infringed operator shall be liable for damages. If the infringed operator's losses are difficult to calculate, the amount of loss compensation shall be the profits obtained from the infringement during the period of infringement; and shall bear the liability for damages. The operator who has been infringed shall also bear the reasonable expenses paid by the infringed operator for investigating the unfair competition behavior of the infringing operator.