How much does a copyright infringement lawsuit cost
Mainly include litigation fees and attorney fees, which cannot be calculated. Attorney fees need to be negotiated with the attorney.
Litigation fees:
In intellectual property civil cases, if there is no disputed amount or value, 500 yuan to 1,000 yuan per case shall be paid; if the disputed amount or price is not If the amount exceeds the amount, it shall be paid in accordance with the standards for property cases.
The claimant hires a lawyer Fees shall be subject to the charging standards uniformly formulated by the judicial administrative department and the Price Bureau.
"Copyright Law of the People's Republic of China" stipulates: " infringement of copyright or in connection withFor copyright-related rights, 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 of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. "The law here stipulates that the infringer shall bear the liability for the infringement of the rights of the right holder as follows:
1. Compensation based on actual losses;
2. If the actual loss is difficult to calculate, compensation shall be based on illegal gains;
3. Reasonable expenses incurred by the obligee to stop the infringement.
"Reasonable expenses incurred by the right to stop the infringement" is an uncertain scope. To clarify its scope, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases over Copyright Disputes" 》Clearly the following range of expenses are reasonable expenses:
1. Expenses for the right holder or its agent to investigate the infringement;
2. Evidence collection fees to prove the establishment of infringement;
3. According to the request of the claimant and the specific circumstances of the case, the claimant shall pay the lawyer’s retainer fee in compliance with the regulations.
From the above provisions, it can be seen that the judgment of civil cases involving copyright infringement disputes , in the ruling, the Supreme People's Court expressly stipulated in the form of judicial interpretation that the people's court may make a judgment or order that the cost of hiring a lawyer by the claimant shall be borne by the infringer. This provision protects the legitimate rights and interests of rights holders to a wider extent.
Article 13 of the "Measures for the Payment of Litigation Fees" case acceptance fees shall be paid according to the following standards:
(1) In property cases, according to the amount or value of the litigation request, the cumulative payment shall be made in installments according to the following proportions:
1. If the item does not exceed 10,000 yuan, 50 yuan will be paid for each item;
2. The amount exceeding 10,000 yuan to 100,000 yuan is paid at 2.5%;
3. The amount exceeding 100,000 yuan to 200,000 yuan, Pay at 2%;
4. For the portion exceeding 200,000 yuan to 500,000 yuan, the payment is 1.5%;
5. The amount exceeding 500,000 yuan to 1 million yuan is paid at 1%;
6. The amount exceeding 1 million yuan to 2 million yuan is subject to 0.9% ;
7. More than 2 million yuan to 5 million yuan Yuan part is paid at 0.8%;
8 .The amount exceeding 5 million yuan to 10 million yuan is paid at 0.7%;
9. The amount exceeding 10 million yuan to 20 million yuan is paid at 0.6%;
10. For the amount exceeding 20 million yuan, 0.5% will be paid.
(2) Non-property cases shall be paid according to the following standards ：
1. Each divorce case requires a payment of 50 yuan to 300 yuan. If it involves property division and the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5% will be paid.
2. Infringement of name rights, title rights, and portrait rights For cases involving rights, reputation, honor and other personality rights, 100 yuan to 500 yuan will be paid for each case. Involving damage compensation, if the amount of compensation does not exceed 50,000 yuan, no separate payment will be made; for the part exceeding 50,000 yuan to 100,000 yuan , pay at 1%; for the portion exceeding 100,000 yuan, pay at 0.5%.
3. For other non-property cases, the fee is 50 yuan to 100 yuan per case.
(3) In intellectual property civil cases, if there is no amount or value in dispute, 500 yuan to 1,000 yuan shall be paid for each case; if the amount or value is in dispute, the fee for property cases shall be Standard payment.
(4) Every labor dispute case Please pay 10 yuan for each case.
(5) Administrative cases Pay according to the following standards:
1. Trademarks and patents , 100 yuan for each maritime administrative case;
2. For other administrative cases, 50 yuan is required for each case.
(6) If the party raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in light of local actual conditions, implement the provisions of items (2), (3), and (6) of this article Develop specific payment standards within the range specified in the item.
Article 14 The application fee shall be paid according to the following standards:
(1) Apply to the People's Court in accordance with the law for the enforcement of the People's Court's legally effective judgments, rulings, and mediation documents, the awards and mediation documents made by arbitration institutions in accordance with the law, and the creditor's rights documents that have been given enforceable effect by the notary authority in accordance with the law, and apply for the recognition and enforcement of foreign Court judgments, rulings and foreign arbitration institution awards shall be paid in accordance with the following standards:
1. If there is no execution amount or price, 50 yuan to 500 yuan will be paid for each item.
2. If the execution amount or price does not exceed 10,000 yuan, 50 yuan will be paid for each item; for the part exceeding 10,000 yuan to 500,000 yuan, 1.5% will be paid ; For the portion exceeding 500,000 yuan to 5 million yuan, the payment is 1%; for the portion exceeding 5 million yuan to 10 million yuan, the payment is 0.5%; for the portion exceeding 10 million yuan, the payment is 0.1%.
3. In compliance with the provisions of Paragraph 4 of Article 55 of the Civil Procedure Law, the right holder who has not participated in the registration shall file a complaint with the People's Court If a lawsuit is filed, the application fee shall be paid in accordance with the standards stipulated in this item, and the case acceptance fee shall not be paid.
(2) Those who apply for preservation measures shall pay according to the following standards based on the actual amount of property preserved:
If the amount of property does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan shall be paid for each item; for the part exceeding 1,000 yuan to 100,000 yuan, the fee shall be as follows: 1% is paid; for the portion exceeding 100,000 yuan, 0.5% is paid. However, the maximum fee paid by the party concerned when applying for preservation measures shall not exceed 5,000 yuan.
(3) If you apply for a payment order in accordance with the law, you must pay 1/3 of the standard property case acceptance fee.
(4) If you apply for public notice and reminder in accordance with the law, you must pay 100 yuan for each application.
(5) Application to revoke an arbitration award or to confirm the validity of an arbitration agreement , 400 yuan per item.
(6) Bankruptcy cases are calculated based on the total amount of bankruptcy property, and the fee for accepting property cases is reduced by half, but the maximum does not exceed 300,000 yuan.
(7) The application fee for maritime cases shall be paid according to the following standards:
1. To apply for the establishment of a maritime liability limitation fund, you must pay 1,000 yuan to 10,000 yuan for each application;
2. If you apply for a maritime injunction, you must pay for each 1,000 yuan to 5,000 yuan;
3. Apply for a ship For priority reminders, the fee is 1,000 yuan to 5,000 yuan per case;
4. If you apply for registration of maritime claims, you must pay 1,000 yuan for each item;
5. If you apply for general average adjustment, you must pay 1,000 yuan per case.
Article 15 If the case is concluded through mediation or the party concerned applies to withdraw the case, the case acceptance fee will be reduced by half.
Article 16: Cases subject to summary procedures will be subject to half the case acceptance fee.
Article 17 If an appeal is filed against a property case, the case acceptance fee shall be paid according to the amount of the appeal request against the first-instance judgment.Article 18 The defendant files a counterclaim and a third party with independent claim rights raises a claim related to this case If the people's court decides to consolidate the litigation claims, the case acceptance fees will be reduced by half.
Article 19 For retrial cases that require payment of case acceptance fees in accordance with Article 9 of these Measures, the case acceptance fees shall be paid according to the amount of the retrial request for the part of the original judgment that is not accepted.
I believe that after reading the above introduction, you will have a clear understanding of how to solve the legal responsibilities that need to be paid attention to. If you have a certain understanding of the knowledge, if you still have legal questions in this area, please consult the lawyers on the Legal Savior Network, and they will provide you with professional answers.
