How Do Consumers Protect Their Rights When They Buy A Shoddy Brand Name Product?

"I bought a bag for my grandson in the new open market."

Recently, Mrs. Li bought a brand-name schoolbag for her grandson on the new road, and the grandson discovered it was a fake.

On the 21 day, reporters visited many large markets such as Hui Bo, Xin Kai Lu and Yongqing, and found that the phenomenon of brand name and fake brand name is everywhere.

Reporters saw a lot in many shops at Hui Po square.

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Equal marking

Shoes, socks, school bags and other items, the price is very cheap, is 1/3 or even 1/10 of the store.

When the reporter asked about the true and false, the shop owner admitted that everything in the shop was highly imitated, the tag was the same, and the store patted his chest and reporters to ensure that he could not see the true and false in his clothes.

Subsequently, reporters came to Yongqing and new open road, found that the goods there are not only fake brands, but also some "mix and match" logo and brand name phenomenon.

On some schoolbags, Nike's "check mark" reads "Puma" and "Adidas", and the Adidas logo of goods becomes the pinyin "Adidasi" directly.

According to insiders, these fake brand-name products are mostly sold to some people who are cheap, who are unwilling to buy genuine "fashionable" young people, and some elderly people who are not old enough to know the name brand.

Some foreigners, who do not know China's cottage products, think that everything they buy in shopping malls and shops is true.

For this kind of brand name and fake brand name, People's Republic of China's Anti Unfair Competition Law stipulates:

The fifth operators shall not engage in market pactions with the following improper means and damage their competitors:

(1) counterfeiting the registered trademarks of others;

(two) unauthorized use of the name, packaging or decoration of well-known commodities, or the use of similar names, packaging and decoration with well-known commodities, resulting in confusion with well-known products of others, making the buyer mistaken for the well-known commodity;

(three) unauthorized use of another person's business name or name, which is mistaken for the goods of others;

(four) forgery or fraudulent use of quality marks such as certification marks, name and excellent marks, forgery of origin, and false representation of the quality of commodities.

Article twenty-first: if the operator counterfeits the registered trademark of another person, unauthorized use of another enterprise's name or name, forgery or fraudulent use of the quality mark such as the certification mark or the famous and excellent logo, forgery the origin, and making false and misleading representations of the quality of the goods, it shall be punished in accordance with the provisions of the Trademark Law of the People's Republic of China and the quality control law of the people's Republic of China.

A business operator who uses the name, packaging or decoration of a well-known commodity without authorization, or uses the name, packaging and decoration similar to the well-known commodity, causes confusion between the well-known commodity and the well-known commodities of others, and causes the buyer to mistake it for the well-known commodity. The supervision and inspection department shall order to stop the illegal act, confiscate the illegal gains, and impose a fine of more than three times the amount of the illegal gains according to the circumstances. If the circumstances are serious, the business license may be revoked, and the sale of fake and inferior commodities constitutes a crime, and the criminal responsibility shall be investigated according to law.

In addition, if consumers buy a shoddy brand name commodity under the coaxing of merchants, how to safeguard their rights? According to the fifty-fifth provision of the law of the People's Republic of China on the protection of consumers' rights and interests, businesses are required to make compensation.