The Supreme People's Court ("SPC") recently issued the Official Reply on the Issues concerning the Defendant's Request for Compensation for Reasonable Expenses due to Abuse of Rights by the Plaintiff in Intellectual Property Infringement Litigation (the "Reply") for implementation from June 3, 2021.
According to the Reply, in an intellectual property infringement litigation, if the defendant provides any evidence to prove that the lawsuit brought by the plaintiff constitutes the abuse of rights as stipulated by law, thus damaging its legitimate right and interest, and requests that the plaintiff should compensate for the reasonable attorney fee, transportation fee, accommodation fee and other expenses incurred on the defendant due to the lawsuit, the people's court shall uphold such request. The defendant may also file a separate lawsuit to request the plaintiff to compensate for the aforesaid reasonable expenses.
(Source: Supreme People’s Court)
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