If you really buy a product with patent infringement, according to Article 11 of the Patent Law, although it is inappropriate for you to use the product with patent infringement, as long as you don't use the product for production and business purposes, there is no clear legal responsibility for you. Although the product has legal defects, it should not have much impact on your personal use. Therefore, from the legislative point of view, at present, the relevant laws have neither clear restrictions on consumers' use of patent infringing products nor clear relief measures. I wonder what responsibility you will hold the shopkeeper accountable?
If you buy goods with trademark infringement, it is equivalent to buying counterfeit products. According to Article 49 of the Consumer Protection Law, you can ask the shopkeeper to double the price of the goods you bought. Although the owner's business license has been cancelled, it is the owner's business. Its behavior belongs to unlicensed operation and should bear administrative responsibility according to law. But this should have nothing to do with you. The law will not reduce or even exempt him from the legal responsibility he should bear to consumers because of his illegal behavior.
As for the evidence when you claim the right to the shopkeeper, the invoice is of course very important evidence. At the same time, the real thing you bought is also important evidence, because the authenticity of the goods can't be seen from the invoice itself, so it should be supplemented by other evidence. One more thing, you must be able to prove the correspondence between the physical object and the invoice. For some treacherous merchants, even if you put the real thing and the invoice in front of him, he will deny it and admit that the invoice was opened by him, but the real thing was replaced by you. This last point is sometimes the most difficult. You must be prepared before taking action.
Article 49 of the Consumer Protection Law
Where a business operator commits fraudulent acts in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of the increased compensation shall be twice the price of the goods purchased by consumers or the cost of receiving services.
Article 11 of the Patent Law After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, nor may it use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes.