Current location - Trademark Inquiry Complete Network - Trademark inquiry - Is there a time limit for complaints about buying fakes?
Is there a time limit for complaints about buying fakes?

How long is the validity period of complaints about counterfeit goods?

The litigation period of counterfeit and shoddy products is two years. For the current cases in China, the statute of limitations is generally two years, and the fake and shoddy products will be purchased from the parties for calculation. Those products with untrue trademarks and poor quality should be reported. The identification of counterfeit and shoddy products in litigation is: using untrue factory name, address, trademark, product name, product identification, etc. to make customers and consumers mistakenly think that the product is a counterfeit product. Fake and inferior products refer to products with poor quality or loss of performance.

Although some fake and inferior commodities are of use value, they can't be counted as commodities, because they can't be traded normally like ordinary commodities, or they don't contain socially necessary labor. Even if they contain a small amount of labor, it's not socially necessary labor in general sense, but labor spent in order to obtain illegitimate interests and trade unequally. It may even be a kind of labor that causes harm, so it can't be recognized by the society (even if a transaction occurs, it's because the buyer doesn't know the truth and the consumer. Of course, worthless things are not commodities. What we are talking about here is counterfeiting, not including defective products. Second, five kinds of evidence that fake and shoddy goods can be identified

1. Inspection report

The appraisal report is divided into the inspection report of the quality inspection department and the inspection report of the commodity manufacturer. Under normal circumstances, as long as the industrial and commercial law enforcement officers sample the goods involved for inspection in accordance with the provisions of laws and regulations, the conclusion that the goods submitted for inspection are unqualified or counterfeit goods can be directly used as evidence to identify fake and shoddy goods. However, industrial and commercial law enforcement personnel should strictly examine other relevant evidence when determining the quality of goods according to the inspection report of commodity manufacturers, so as to prevent commodity manufacturers from being driven by illegitimate interests to issue false inspection reports and affect the quality of cases.

2. Inspection notice from the superior industrial and commercial department

At present, all enterprises attach great importance to the protection of their products against counterfeiting, and once they find counterfeit goods in the market, they will immediately report them to the local industrial and commercial department. Once verified, the superior industrial and commercial department will issue an inspection "notice" if necessary, requiring the subordinate industrial and commercial department to investigate and deal with the reported goods. In this case, the administrative law enforcement personnel can directly identify the goods as fake and shoddy as long as they find that the goods involved belong to the problem goods referred to in the "Notice" during the inspection process.

3. Significant differences between the packaging and decoration of goods and genuine goods

Due to the influence of manufacturing technology and other factors, in general, the packaging and decoration of fake and shoddy goods are different from those of genuine goods. Law enforcement officers can prove that the goods belong to fake and shoddy goods by fixing the evidence of the two signs (physical evidence) and pointing out the significant differences between the two signs.

4. On-site inspection report

At present, most industrial and commercial departments are equipped with food rapid inspection boxes, and in some areas with good economic conditions, they are also equipped with inspection equipment such as inspection vehicles. In the process of handling cases, industrial and commercial law enforcement officers can use testing equipment to conduct on-site testing on some commodities involved, and the test results can be used as direct evidence to identify counterfeit and shoddy commodities.

5. Inquiry record of voluntarily admitting illegal facts

For some cases with small case value, minor illegal circumstances, and small difference between the packaging and decoration of the goods involved and the genuine products, the testing equipment of the industrial and commercial departments can not carry out on-site inspection, and the sampling inspection is of little value, if more than two people voluntarily admit that the goods involved are fake and shoddy goods when inquiring about the people involved, this evidence can be used as direct evidence to identify fake and shoddy goods.

to sum up, the administrative department for industry and commerce has always been concerned about the handling of counterfeit and shoddy products, and the existence of counterfeit and shoddy products can easily affect the personal health and safety of others, and the consequences will be borne by the relevant responsible person, and the public security organs will also put on record for investigation.