If the product is infringing, you can first collect evidence of non-infringement and present evidence to the court during the evidence period specified by the court. The pattern or shape of the product sold may have infringed the copyright of others! It is recommended that you hire a lawyer immediately and the lawyer will represent you in court.
Legal Analysis
If the flow rate is far lower than the minimum flow rate to ensure accuracy, it will result in no output (such as a vortex flowmeter) or the output signal will be cut off as a small signal. (such as differential pressure flowmeter), this is unfavorable to the supplier and unfair. In order to prevent the loss of benefits, for a specific set of heat energy metering equipment, the supply and demand parties often agree on a certain flow value as the "agreed lower limit flow" based on the flow measurement range and the reachable range, and agree that if the actual flow is less than the agreed value , charged according to the lower limit of charging traffic. The metrological administrative departments of the people's governments at or above the county level may set up metrological verification institutions as needed, or authorize metrological verification institutions of other units to perform compulsory verification and other verification and testing tasks. Personnel who perform the calibration and testing tasks specified in the preceding paragraph must pass the assessment. This function is usually implemented in flow display instruments. The metrological administrative department of the local people's government at or above the county level shall establish public measuring standard instruments according to the needs of the region, and they shall be used after passing the assessment conducted by the metrological administrative department of the people's government at the higher level. Enterprises and public institutions may, according to their needs, establish measurement standard instruments for their own use. Their highest measurement standard instruments shall be used after passing the assessment conducted by the measurement administrative department of the relevant people's government. Metrological verification work should be carried out locally and nearby in accordance with the principle of economic and reasonableness. Metrology verification must be carried out in accordance with the National Metrology Verification System Table. The National Metrology Verification System Table is formulated by the metrological administrative department of the State Council.
Legal Basis
Article 1203 of the "People's Republic of China and Civil Code" If a defect in a product causes damage to others, the infringed party may seek compensation from the owner of the product. The producer may request compensation from the seller of the product. If product defects are caused by the manufacturer, the seller has the right to recover compensation from the manufacturer after making compensation. If a product is defective due to the fault of the seller, the manufacturer has the right to recover compensation from the seller after making compensation.
"Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China" 40. Add one article as Article 56: "Compensation for infringement of the exclusive right to use trademarks" The amount refers to the benefits gained 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 the reasonable expenses paid by the infringed party to stop the infringement. "The infringement referred to in the preceding paragraph. If it is difficult to determine the benefits gained by a person due to infringement, or the losses suffered by the infringed party due to infringement, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement. "If you sell goods that you don't know are infringing the exclusive rights of a registered trademark, and you can prove that you obtained the goods legally and explain the supplier, you will not be liable for compensation."