Judicial Interpretation [2021] No. 11
(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 instructions on the issue of the defendant's request for compensation of reasonable expenses in an intellectual property infringement litigation on the grounds of the plaintiff's abuse of rights” (Shanghai High Court [2021] No. 215). 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 which damages the defendant’s legitimate rights and interests as prescribed by law, and lawfully requests the plaintiff to compensate it for reasonable expenses such as attorney's fees, transportation fees, board and lodging fees paid in connection with the suit, the people's court shall support it in accordance with the law. The defendant may also sue separately requesting the plaintiff to compensate for the above reasonable expenses.
