Reply of the Supreme People’s Court to clarify the issue of compensation for reasonable expenses of the defendant incurred by the abuse of rights by the plaintiff in intellectual property infringement lawsuits
Judicial Interpretation [2021] No. 11
Reply of the Supreme People's Court on the Issue of the Defendant's Claim for Compensation for Reasonable Expenses in an Intellectual Property Infringement Lawsuit on the grounds of the Plaintiff's Abuse of Rights
(Adopted at the 1840th session of the Judicial Committee of the Supreme People's Court on May 31, 2021 and effective as of June 3, 2021)
Shanghai High People's Court:
We have received your court's “Request for advice on the issue of the defendant's claim for compensation of reasonable expenses in an intellectual property infringement action on the grounds of the plaintiff's abuse of rights” (No.215 of Shanghai High Court (2021)). After review, the reply is as follows:
In an intellectual property infringement suit, if the defendant submits evidence to prove that the plaintiff's suit constitutes abuse of rights to damage the defendant’s legitimate rights and interests as prescribed by law, and requests the plaintiff to compensate it for reasonable expenses such as attorney's fee, transportation fee, room and board fee paid in connection with the suit, the people's court shall support it in accordance with law. The defendant may also sue separately for the plaintiff to compensate the above reasonable expenses.
