If Party B privately engraves another person's seal, pretends to be another person's name, and signs a construction project contract with you, Party B's behavior is completely illegal.
Due to the consequences, the contract cannot be honored, and your losses cannot be claimed.
If you know it, you will bear joint and several legal liability. First of all, you need to go through the notary department to fairly preserve the evidence on the website, which is also the most critical evidence material. Then use this evidence to report to your local industrial and commercial department and request your local industrial and commercial department to assist in the investigation of this illegal act. If the amount is large, it is best to ask the public security, court and other judicial departments to intervene (larger amounts will involve criminal cases) , the industrial and commercial department has no authority to investigate and deal with it). Because the local industrial and commercial departments will do their best to protect local enterprises, this will have the best effect. The objects of the lawsuit are: 1. The infringing counterfeit unit; 2. The website that published this information. As for the issues of losses and claims, your local industrial and commercial department will tell you how to handle it. You can trust your local industrial and commercial department. They are all experienced in investigating and handling trademark infringement cases.
Dialogue with the Director of Industry and Commerce: How to control counterfeit and shoddy products
It is necessary to grasp the production enterprises and control the quality from the source to prevent fake and shoddy fire-fighting products from entering the market. On the one hand, we must seize formal production enterprises, and on the other hand, we must crack down on underground counterfeiting dens. Quality supervision, public security, industry and commerce, fire protection and other departments should strengthen the supervision of fire protection product manufacturers approved by the Ministry of Public Security. The focus of fire protection product quality inspection is: whether fire extinguishing equipment has passed type approval; whether emergency lighting uses lead-acid batteries instead of nickel cadmium. Whether the brand and capacity of the battery and nickel-cadmium battery are consistent with the inspection report; whether the lamp holder uses flammable materials; whether the aluminum silicate filler is replaced with other materials or the filler is incorrect in the fire door product; whether the thickness of the fireproof board and door leaf meets the national standards ; Whether the thickness of the plate used in the fire hydrant box meets the national requirement of 1.2 mm; whether the steel plate supporting the hose reel in the coiled fire hydrant box can be reset in time; whether expansion and foaming of the steel structure fire retardant coating can be seen; whether the length and quality of the hose meet the requirements requirements; whether some fire-fighting products are not labeled with certification and approval marks; whether there is any phenomenon of knowingly selling fake products; whether there is a phenomenon of exaggerating the use of products. It is necessary to catch fire product operators and control market circulation.
Relevant departments should raise the threshold for operating fire protection products, control the quantity, and carefully review and approve them. It is necessary to strictly implement the market access system for fire protection products. The fire protection products sold by dealers must be products approved by the local fire protection and quality supervision departments to enter the area, and the products must be registered. The operators must write a letter of guarantee to ensure that the operations are qualified. product. Relevant departments must conduct on-site judgments on product quality in accordance with laws and regulations such as the "Product Quality Law of the People's Republic of China", the "Fire Protection Law of the People's Republic of China", and "On-site Inspection and Determination Standards for Fire Protection Product Quality". Operators must go through formal channels when purchasing goods and purchase goods from manufacturers with production qualifications. At the same time, when selling products, they must issue proof of supply to consumers and strictly implement the "three guarantees" policy to ensure the legitimate rights and interests of consumers. Anyone who operates products that do not comply with the market access system, products whose quality does not meet mandatory national standards and industry standards, products that have been eliminated by the state, and products that are adulterated, fake, genuine, substandard, or substandard products passed off as qualified Products and other behaviors must be investigated and punished. The intensity of the punishment must be as strong as that used by relevant departments to crack down on counterfeit cigarettes and pirated optical discs. Once discovered, they will no longer be able to operate and completely withdraw from the market.
Complaints from the telecommunications department, China Mobile, PHS, and China Unicom are more common, mainly related to service quality and opaque charging. As the industrial and commercial departments supervise these companies, the size of the company is Legally, everyone has equal status. As a large company such as China Mobile and Telecom, I personally think that they pay more attention to rights protection. They have a dedicated rights protection department and their customer coverage is too large. It may be inevitable during the service process. There are areas where things are not done properly.
The issue you just mentioned is about the overlord clause. The overlord clause is an issue that the majority of consumers are more concerned about.
For example, pharmaceutical manufacturers, in order to save costs, use low-priced inferior fake raw materials to replace genuine raw materials, which can reduce production costs. Ordinary consumers will not be able to discover their production without professional knowledge. The real information in the process, or in other words, the cost of discovering the real information is very high, and it can only be known through laboratory testing and other means. In this way, the fake products produced can be sold in the market at the price of the genuine products, thereby obtaining more benefits. On the contrary, some products that are easy for consumers to grasp information are not easy to become fake, such as chopsticks, sewing needles and other products, because if such products are fake, they are easily discovered by consumers and cannot be regarded as genuine. For sale in the market. Second, even if producers do not cut corners and use normal raw materials to produce products, in order to obtain high profits, they can still sell them as brand-name products, because the price of brand-name products is higher than ordinary products. For example, a company that produces liquor The manufacturer uses normal raw materials in the production process. In order to obtain higher profits, it produces and sells under the name of a famous brand liquor that has a greater influence on the market and has a higher price. They say, "As long as they can compete with If the market gets through, the sand will be mixed into the sugar." ?
Secondly, from the perspective of consumers, the reasons for the existence of counterfeit products lie in three aspects: First, consumers lack knowledge about the products, are deceived by producers, and passively purchase counterfeit products. . The knowledge of any consumer is limited, and there are a large number of goods on the market. In addition, during the production process, producers always try their best to conceal the true information in the production process, which further increases the difficulty for consumers to identify fakes. difficulty. For example, a consumer with extensive knowledge about cosmetics may easily identify counterfeit cosmetics, but if he has very little knowledge about liquor, he may purchase counterfeit liquor. Second, consumers, as rational economic persons, actively purchase counterfeit products in order to maximize their own interests. This is also an important reason for the existence of counterfeit products in the market.
For example, a set of genuine brand-name clothing has a high price in the market. If a manufacturer produces fake clothing that is similar to the genuine brand-name clothing in terms of style, function, appearance, etc., but the price Low price, even if the manufacturer clearly tells consumers that it is a fake product when purchasing, it may still prompt consumers to buy it. The same reason can explain why there are a large number of pirated software and pirated CDs in the software market and audio-visual market. Third, the cost for consumers to deal with counterfeit product disputes is too high. After consumers passively purchase counterfeit products, they later discover that if there are too many obstacles in the process of dealing with counterfeit disputes and the cost of handling counterfeit products is too high, as a rational consumer, they have no choice but to admit that they are unlucky, making counterfeit products even more unscrupulous.
For example, a consumer was deceived by a manufacturer and purchased a pair of fake leather shoes for the price of 100 yuan. After the consumer found out that they were fakes, he went to the manufacturer to claim compensation, and the manufacturer asked the consumer to Provide relevant evidence, and the consumer has no choice but to go to the quality inspection department for inspection. If the inspection fee is three hundred yuan, and even if the consumer obtains the maximum compensation in accordance with Article 49 of the "Consumer Rights Protection Law", it will only be two hundred yuan. If transportation costs, time, etc. are added, the gains outweigh the losses, and a rational consumer will give up the claim. ?
Again, let’s analyze it from the government’s perspective. The government is also an important subject in the market economy. According to the principles of economics, in the market economy, the government, like producers and consumers, is also a rational economic person. When it comes to dealing with counterfeit goods, it has two sides: on the one hand , from the perspective of the central government representing the overall interests of the country, the existence of counterfeit products is detrimental to the entire country. It disrupts the order of the market economy, damages the rights and interests of consumers, damages the reputation of the country, and infringes upon the legal rights of normal manufacturers. Interest can be said to be a major public hazard in the market economy, so the central government generally does not allow fake products to exist.
On the other hand, as subordinates of the central government, that is, local governments, the goals of the central government may be inconsistent with those of the central government. If the existence of counterfeit products is beneficial to local local interests, they may condone the existence of counterfeit products, thereby making the counterfeit products harmful. There is room for existence. For example, if there is a food factory in a certain place that produces fake products, and the products produced are sold to other places, there will be no harm to the local area. On the contrary, many benefits can be obtained, such as increasing local tax revenue. Increase employment and so on. Therefore, even if the central government is very determined to crack down on counterfeit goods, local governments are often driven by interests and remain unmoved, but the thunder is loud and the rain is light. In addition, for some reason, the laws and regulations of my country's market economy are not very complete, and the penalties for counterfeiting and counterfeiting are relatively light. Even if counterfeiters and counterfeiters are investigated and punished, they are still profitable on the whole. In addition, the high cost of combating counterfeit products is also an important reason for the government’s inability to crack down on counterfeit products. The process of combating counterfeit products includes the collection of information on the production of counterfeit products, penalties, etc. Each process requires the investment of a large amount of manpower, material resources, and financial resources. The gains from its crackdown on counterfeiting are fines and other penalties. From the perspective of the relationship between the cost and benefits of the government's crackdown on counterfeiting, the gains outweigh the losses.