if the sale of fake and shoddy products is really involved in the process of business sales, you can only accept the punishment of the relevant departments. If the relevant departments have improper punishment, you can choose to appeal and protect your legitimate rights and interests by legal means.
the way to deal with being sued by a professional counterfeiter can be to mediate with the other party before the lawsuit or to participate in the lawsuit to respond. Whether professional counterfeiters are legal or not needs to be determined according to the actual situation. If professional counterfeiters commit fraud in the name of "counterfeiting", it may constitute illegal and criminal acts.
when a professional counterfeiter brings a lawsuit to the court, it can be settled through consultation with the prosecutor, or a professional lawyer can be invited to respond to the lawsuit. According to the relevant laws and regulations, the defendant shall submit a reply within 15 days from the date of receipt. There are five ways to solve consumer disputes, which consumers can choose independently:
1. Negotiate with operators to solve them;
2. Ask the consumer association for mediation;
3. Complain to the relevant administrative department;
4. submit to the agency for arbitration according to the arbitration agreement reached with the operator;
5. bring a lawsuit to the people's court.
Is it legal for professional counterfeiters?
1. It is not necessary for professional counterfeiters to keep the bottom line of morality and law in counterfeiting activities, and their behavior can play a positive role in maintaining market order and expanding consumers' rights and interests;
2. If a "professional counterfeiter" fakes for the purpose of making money, he knowingly buys a large amount of goods and then asks the merchant to pay compensation through counterfeiting, which constitutes the crime of extortion.
I hope the above contents can help you. If you have any questions, please consult a professional lawyer.
Legal basis: Article 139 of the Civil Procedure Law
When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the court session. If the hearing is held in public, the names of the parties, the cause of action and the time and place of the hearing shall be announced. Article 14 Before the hearing, the clerk shall find out whether the parties and other participants in the proceedings appear in court and announce the court discipline. At the hearing, the presiding judge or the sole judge shall check the parties, announce the cause of action, announce the list of judges and clerks, inform the parties about their litigation rights and obligations, and ask whether the parties have applied for withdrawal.
Article 214 of the Criminal Law of the People's Republic of China
The crime of selling goods with counterfeit registered trademarks. Whoever knowingly sells goods with counterfeit registered trademarks, and the illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 1 years and shall also be fined.
Article 49 of the Product Quality Law of the People's Republic of China
If a product is produced or sold that does not meet the national or industrial standards for protecting human health and personal and property safety, it shall be ordered to stop production and sale, and the illegally produced or sold products shall be confiscated, and a fine of not less than three times the value of the illegally produced or sold products (including the sold and unsold products, the same below) shall be imposed; If there is illegal income, the illegal income shall be confiscated; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 52 of the Product Quality Law of the People's Republic of China
Anyone who sells invalid or deteriorated products shall be ordered to stop selling, the illegally sold products shall be confiscated, and a fine of less than twice the value of the illegally sold products shall be imposed; If there is illegal income, the illegal income shall be confiscated; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.