If selling fake and shoddy products really involves the process of business sales, you can only accept the punishment of relevant departments. If the relevant departments punish improperly, they can choose to appeal and safeguard their legitimate rights and interests through legal means.
The way to deal with being sued by a professional counterfeiter can be to mediate with the other party before the lawsuit, or to participate in the lawsuit. Whether a professional counterfeiter is legal or not needs to be determined according to the actual situation. If professional counterfeiters commit fraud in the name of "counterfeiting", it may constitute an illegal and criminal act.
The way to deal with being sued by a professional counterfeiter is to negotiate with the prosecutor or ask a professional lawyer to respond. According to the relevant laws and regulations, the defendant shall submit the defense within 15 days from the date of receipt. There are five ways to solve consumer disputes, and consumers can choose independently:
1, negotiate with the operator;
2. Request the consumer association for mediation;
3. Complain to the relevant administrative department;
4. According to the arbitration agreement reached with the operator, apply to the agency for arbitration;
5. Bring a lawsuit to the people's court.
Whether the professional counterfeiters are legal;
1, "professional counterfeiters" can keep the moral and legal bottom line in anti-counterfeiting activities, without taking it as a profession, and their actions can play a positive role in maintaining market order and expanding consumer rights and interests;
2. If a "professional counterfeiter" fakes for the purpose of making money, knowing that there is a problem with the goods, deliberately buying them in large quantities, and then demanding compensation from the merchants through counterfeiting, it constitutes a crime of extortion.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 139 of the Civil Procedure Law.
When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the hearing. If the hearing is held in public, the names of the parties, the cause of action, the time and place of the hearing shall be announced. Article 140 Before the hearing, the clerk shall find out whether the parties and other participants in the proceedings appear in court and announce the court discipline. During the hearing, the presiding judge or the sole judge shall check the parties, announce the cause of action, announce the list of judges and clerks, inform the parties of their litigation rights and obligations, and ask the parties whether to apply for withdrawal.
Article 2 14 of the Criminal Code of People's Republic of China (PRC).
Crime of selling goods with counterfeit registered trademarks Whoever knowingly sells goods with counterfeit registered trademarks has a large amount of illegal income or other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.
Article 49 of People's Republic of China (PRC) Product Quality Law
Production and sale of products that do not meet the national standards and industry standards for protecting human health and personal and property safety shall be ordered to stop production and sale, and the illegally produced and sold products (including sold and unsold products, the same below) shall be confiscated, and a fine of less than three times the value of the goods shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 52 of People's Republic of China (PRC) Product Quality Law
Those who sell invalid or deteriorated products shall be ordered to stop selling, the illegally sold products shall be confiscated, and a fine of less than one time the value of the illegally sold products shall be imposed; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.