1. Under what circumstances should the defendant bear the lawyer's fees?
In the following cases, if the plaintiff wins the case, his lawyer's fees shall be borne by the defendant:
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.
6. Cases of unfair competition infringement.
Second, how is the lawyer's fee generally charged?
1, charged by piece
(1) No property dispute: between 6,000 yuan and 20,000 yuan;
(2) Legal documents: 600 yuan-2,000 yuan;
(3) lawyer's witness: 2000 yuan-10000 yuan;
(4) Agency notarization: 1500 yuan-3,000 yuan.
2. Costs of civil cases
(1) The object of dispute in the first instance is less than 654.38+10,000 yuan: 7% in part, but not less than 5,000 yuan;
(2) The object of dispute in the first instance is 65,438+dissatisfaction of more than 10,000 yuan 1 10,000 yuan: 6%;
(3) The object of dispute in the first instance is more than 6,543,800 yuan but less than 5 million yuan: 5%;
3. When will the lawyer's fee be collected?
Attorney fees are generally paid at a certain time after signing the entrustment contract. It can also be determined according to the contract.
According to the different service contents, the lawyer's fee can be charged by piece, by the proportion of the target amount, by the time and by the risk agent.
The above is about the circumstances under which the defendant should bear the responsibility. The lawyer's fee is a bit expensive. If you are in trouble, you can apply for legal aid. Legal aid lawyers are completely free. Of course, you don't have to worry about the professionalism of these lawyers. They all serve people in need.