About civil disputes concerning intellectual property rights lawsuit expense paying some solutions

One, intellectual property rights in civil cases, did not dispute the amount or value, how to determine the fees for accepting the case? Disputed the amount or value, how to determine the fees for accepting the case?

Answer: according to the State Council "means to pay the cost of litigation" article thirteenth (three) and the Shanghai Municipal Price Bureau, Finance Bureau of Shanghai City, "the city" notice on making part of the cost of litigation cases specific pay the standard provisions of article fourth, did not dispute the amount or value of IPR civil cases, each pay the case acceptance fee 800 yuan; disputed the amount or value of intellectual property rights in civil cases, should be in accordance with the property case standard pay the case acceptance fee.

Two, apply for injunction before litigation cases, whether to pay the cost of litigation?

Answer: according to the provisions of the State Council "means to pay the cost of litigation" in article thirteenth, apply for injunction before litigation cases belong to no dispute the amount or value of the case, should be no dispute the amount or value of civil cases of intellectual property right case acceptance fee is calculated, each to pay 800 yuan, by the applicant.

Three, application support the ban not pre litigation cases, whether to pay the case acceptance fee?

Answer: according to the State Council "means to pay the cost of litigation" article eighth (two) of the Convention, to support the ban did not apply for appeal before the case, should be ruled inadmissible, the prosecution dismissed, dismissed the appeal of the case, do not pay the case acceptance fee.

Four, should be stated for preliminary injunction in what legal documents in the case acceptance fee burden?

Answer: the fee burden accepted mainly in the following legal documents to apply for injunction before litigation case description: (a) rejected the injunction before applying rulings; (two) the parties to apply for a preliminary injunction if dissatisfied with the decision, apply for reconsideration, the reconsideration to relieve the court injunction before the decision of reconsideration (measures; three) the applicant in the court injunction measures taken after fifteen days not to prosecute, lift the injunction before the court's ruling measures; (four) the applicant in the court injunction measures taken within fifteen days after the prosecution, the court then made after a resolve infringement judgment.

Five, apply for preservation of the evidence should pay the cost of litigation?

Answer: according to the State Council "means to pay the cost of litigation" article tenth (two) of the Convention, the parties to the court for preservation of the evidence, it shall pay the application fee, and by the applicant. According to this approach to Article fourteenth (two) the provisions of item, if the evidence preservation does not involve the amount of property or the property amount is not more than 1000 yuan, each to pay 30 yuan; if the preservation of evidence relates to the amount of property more than 1000 yuan, paid in accordance with the provisions of the standard. The preservation of evidence is related to the specific amount of the amount of property and the property should be based on evidence of vector property price shall prevail.

Six, the application of technical expertise, how to pay appraisal cost?

Answer: according to the State Council "to pay the cost of litigation law" in article twelfth, appraisal charge IPR civil cases, by an identification of the party in advance; if the parties apply for accreditation, the both parties respectively. The parties shall pay appraisal cost paid directly to the identification of bodies, the court shall not withhold and pay. After trying a case, the court in the judgment to determine the burden of people and the burden of identifying the amount of expense.