When you find that you have bought a fake, you must first protect the evidence, mainly the items and invoices. It is best not to negotiate directly with the merchants to avoid confrontation or being robbed of evidence.
The correct steps are:
1, please be appraised by the technical quality supervision department;
2. Ask the consumer association to mediate (note: only the right to mediate);
3. If mediation fails, you can report to the industrial and commercial department.
4. If this matter is typical news, you can also report it to the news media if your business is unfavorable and you are afraid of social impact.
5. Bring a civil lawsuit to the court and claim compensation according to law.
In China, intellectual property law mainly refers to copyright law, trademark law and patent law. Their provisions on the calculation of compensation for infringement of intellectual property rights are as follows:
If the relevant provisions of the Copyright Law infringe copyright or copyright-related rights, the infringer shall compensate the obligee according to the actual losses; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
The amount of compensation for infringement of the exclusive right to use a trademark as stipulated in the Trademark Law refers to the interests gained by the infringer or the losses suffered by the infringer during the infringement period, including the reasonable expenses paid by the infringer to stop the infringement. If the infringer gains benefits from the infringement listed in the preceding paragraph, or the losses suffered by the infringed are difficult to determine, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.
The 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 obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement.
The punishment standard of intellectual property infringement is that if the relevant personnel infringe the copyright and other related rights of the work, the infringer shall compensate according to the actual loss. If the actual loss is difficult to measure, all the property illegally obtained by the infringer shall be compensated to the obligee.
Legal basis: According to Article 2 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, the rights and interests of consumers who purchase or use commodities or receive services for their daily consumption are protected by this law. Matters not specified in this Law shall be protected by other relevant laws and regulations.
Article 24 If the goods or services provided by business operators do not meet the quality requirements, consumers may return them in accordance with the provisions of the state and the agreement of the parties concerned, or require business operators to fulfill their obligations such as replacement and repair. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, consumers who meet the statutory conditions for terminating the contract can return the goods in time. If it does not meet the statutory conditions for terminating the contract, it may require the operator to fulfill the obligations of replacement and repair. Where goods are returned, replaced or repaired in accordance with the provisions of the preceding paragraph, the business operator shall bear the necessary expenses such as transportation.