If the item purchased is fake, you can sue the merchant for triple the amount of compensation. If the food you buy is fake, you can sue the merchant for ten times the amount of compensation. If the purchased goods do not meet food safety standards, producers should pay ten times the compensation to consumers.
When you discover that you have purchased counterfeit goods, you must first protect the evidence, mainly items and invoices, etc. It is best not to negotiate directly with the merchant to avoid a head-on conflict or the evidence being stolen.
The correct steps are:
1. Ask the technical quality supervision department for appraisal;
2. Ask the Consumers Association to mediate (note: only the right to mediate );
3. If mediation fails, you can report to the industrial and commercial department.
4. If the matter is typical of the news and the business is afraid of adverse social impact, it can also report it to the news media.
5. File a civil lawsuit with the court and claim compensation in accordance with the law.
In my country, intellectual property laws mainly refer to the Copyright Law, Trademark Law, and Patent Law. Their provisions on the calculation of compensation for infringement of intellectual property rights are as follows:
The relevant provisions of the Copyright Law stipulate that if a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan.
The relevant provisions of the "Trademark Law" stipulate that the amount of compensation for infringement of the exclusive right to use a trademark shall be the benefits obtained by the infringer due to the infringement during the infringement period, or the losses suffered by the infringed party due to the infringement during the infringement period. Including reasonable expenses paid by the infringer to stop the infringement. If the benefits obtained by the infringer due to the infringement as mentioned in the preceding paragraph, or the losses suffered by the infringed party due to the infringement are difficult to determine, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.
Relevant provisions of the "Patent Law": The amount of compensation for infringement of patent rights shall be determined according to the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, they may be determined according to the benefits obtained by the infringer due to the infringement. . If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of RMB 10,000 to RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. compensation.
The penalty standard for intellectual property infringement is that if the relevant person infringes the copyright of the work and other related rights, the infringer should compensate based on the actual losses incurred. If the actual loss is difficult to measure, all property obtained by the infringer in violation of the law must be compensated to the right holder.
Legal basis: According to Article 2 of the "Consumer Rights and Interests Protection Law of the People's Republic of China", consumers purchase and use goods or receive services for daily consumption, and their rights and interests are protected by this law; Anything not provided for in this law shall be protected by other relevant laws and regulations.
Article 24: If the goods or services provided by operators do not meet quality requirements, consumers may return the goods in accordance with national regulations and the agreement of the parties, or require the operators to perform replacement, repair, etc. obligations. In the absence of national regulations and agreement between the parties, consumers may return goods within seven days from the date of receipt; if the statutory conditions for contract termination are met after seven days, consumers may return goods in a timely manner; if the statutory conditions for contract termination are not met, consumers may require the operator to perform Obligations such as replacement and repair. If returns, replacements or repairs are carried out in accordance with the provisions of the preceding paragraph, the operator shall bear the necessary expenses such as transportation.