As we all know, many people like to drink, but sometimes they encounter the situation of buying fake wine. We know that selling fake wine is illegal, but there are still people who sell fake wine for profit, so how about fake wine? What is the compensation standard? Many people don’t know much about this knowledge. Next, I will sort out the relevant content about the compensation standard for fake wine. I hope it will be helpful to you.
1. What is the compensation standard for counterfeit wine? If consumers buy counterfeit wine, they can ask for a return and refund, and they can also ask for increased compensation for the losses suffered. The amount of increased compensation shall be three times the price of goods purchased by consumers or the cost of receiving services; if the amount of increased compensation is less than 500 yuan, it shall be 500 yuan. Consumers can also claim damages caused by drinking fake wine. The legal basis is Article 55 of the "Consumer Rights and Interests Protection Law". If an operator commits fraud in providing goods or services, he shall increase the compensation for the losses suffered by the consumer according to the request of the consumer. The amount of the increased compensation shall be the amount of the consumer's purchase of the goods. Three times the price or the cost of receiving services; if the amount of increased compensation is less than five hundred yuan, it shall be five hundred yuan. If the law provides otherwise, such provisions shall prevail.
2. What are counterfeit and shoddy products? Counterfeit and shoddy goods are fake and shoddy material products, excluding spiritual products. Its characteristics are: unrealistic factors and social harm. Folded counterfeit goods: When manufacturing goods, they realistically imitate the external features of other similar products, or copy and sell products protected by intellectual property rights without authorization, so as to pass off as other people's products. In the current market, the main manifestations are counterfeiting and counterfeiting other people's trademarks and logos; counterfeiting other people's unique names, packaging, decoration, factory names and addresses; counterfeiting products with high-quality product quality certification marks and production license marks. Folding and counterfeit goods refer to goods produced and distributed that violate the provisions of my country's current laws and administrative regulations, and whose quality and performance indicators do not meet the requirements stipulated in my country's promulgated national standards, industry standards and local standards, or even fail to meet the requirements. products produced under the label.
3. What are the constituent elements of the crime of selling goods with counterfeit registered trademarks? 1. The subject of the crime is a general subject, that is, it can be any unit or individual; 2. The object of the infringement is the legitimate registered trademark of others. Exclusive rights and national trademark management order; 3. The subjective aspect must be intentional, that is, knowingly selling goods that are counterfeiting registered trademarks. If the perpetrator is unaware of the crime, it does not constitute this crime; 4. Objectively, there must be the act of distributing goods with counterfeit registered trademarks and the amount of sales is relatively large. Distribution includes wholesale, retail, consignment and other forms. The determination of whether a criminal suspect knowingly sells counterfeit registered trademarks should be determined based on the objective facts of the case. As long as it can be proven that he knew or should have known that he was selling counterfeit goods, it can be determined as knowing. The above is the relevant content about the compensation standards for counterfeit wine compiled for you. We can understand that if consumers buy counterfeit wine, they can request a return and refund, and they can also ask for increased compensation for the losses suffered. This knowledge is not difficult to understand. If you have any other questions, please feel free to consult a lawyer.