1. What's the charging standard for copyright infringement lawyers' fees?
Lawyers' fees for copyright disputes are also charged according to civil litigation lawyers' fees, which may be different in different regions.
There are standards for lawyers' agency fees, but the standards vary from place to place. Even the lawyer's agency fee in the same place varies from person to person. Please consult your local lawyer for details.
The lawyer's fee for patent infringement cases is generally determined according to the amount claimed. Generally around 50,000-80,000. The specific situation still depends on the infringer's enterprise.
Patent lawyers are a little different from lawyers in other industries. Other lawyers generally charge according to the complexity of the case, while patent lawyers mainly charge according to the professionalism of the case.
But this small-scale case often determines the final result not the lawyer's patent level, but the level of evidence collection. In small patent cases, many people don't look for a big office, and most lawyers can understand the technical scheme.
The case fee of professional enterprise research institute is more expensive. In the communication, computer and semiconductor industries, the basic lawyer fees range from several hundred thousand to more than one million.
Involving property relations, according to the amount of litigation (dispute), according to the proportion of cumulative charges:
(1) The charging rate for the part below 65438+ 10,000 yuan (including 65438+10,000 yuan) is 10%, and each part less than 5,000 yuan is charged at 5,000 yuan;
(2) 8% of 654.38 million yuan to 500,000 yuan (including 500,000 yuan);
(3) The portion from 500,000 yuan to1000,000 yuan (including 6,543,800 yuan+0,000 yuan) is 6%;
(4) 5% of 6,543,800 yuan to 5 million yuan (including 5 million yuan);
(5) 5 million yuan to 6.5438+million yuan (including 6.5438+million yuan) is 3%;
(6) The part exceeding 6,543,800+million yuan is identified as copyright infringement.
(a) without the consent of the author, without authorization, advocate the publication of the work to help others;
(2) The work is not completed by one person, but by many people. When the work is to be published, it is published in its own name without the consent of other partners, and the work is regarded as its own creation;
(three) the work itself has no contribution at all, but says that it has participated;
(4) arbitrarily changing the contents of other people's works;
(5) Plagiarizing or plagiarizing other people's works;
(six) without the consent of the author, to exhibit the work at will, or to use the work for filming, or to use the work for annotation, adaptation and translation;
(seven) the use of other people's works requires payment without payment.
When your copyright is infringed, you can hire a lawyer to appeal for yourself and get corresponding compensation. Different levels of infringement have different charging standards. When the author's copyright is infringed, if he just wants to consult, he will provide relevant legal advice free of charge, and there is no need to pay fees. Under different circumstances, the way of charging is different. It depends on what service mode and service content you choose. Generally speaking, there are three kinds of services:
1, charged according to the number of pieces, how much is one piece, and how much is charged;
2. Charge by time, such as how much for an hour and how much for a day;
3. Charge in proportion, which is determined by the workload.
According to the current judicial interpretation in China, when a work is infringed by others, the losing party shall bear the corresponding lawyer fees for the winning party, and both parties may also clearly stipulate in the contract that the lawyer fees shall be borne by the losing party. At this time, we need to pay attention to the need to protect our intellectual property rights in time.