What's the big deal about selling "1 fake power cords"?
The "fake power cord" involved in the lawsuit looks like the following figure:
? I. Basic information
The defendant is a 57-year-old aunt who runs a canteen in a small town in Pengzhou. On October 8, 216, 21, the defendant purchased 1 power cords of Bull brand, each with 8 yuan. On October 9, 216, the power cord dispatcher of Bull arrived at the store and found that the power cord being sold by the defendant looked like a "fake" and asked to bring 1 to the company for "sample comparison", so the defendant took 1 to the dispatcher. 216 1 1 Pengzhou Municipal Market Supervision Administration received a report that the defendant was selling fake goods, so it immediately sent someone to the defendant's canteen for investigation. The remaining nine power cords were confiscated on the spot, and then an administrative penalty decision was issued and 1 yuan was fined.
The aunt mentioned above is my client. The claim of 15, yuan is the smallest case I undertook in 217, which can be described as "cute". But for the aunt, the fake power cord of 1, after a fine of 1 yuan, has to pay 15, yuan, which may not be so cute.
Second, the result of the case
265438+April 2, 28, both parties settled the case through negotiation and mediation, and the defendant compensated 5 yuan, and the plaintiff withdrew the lawsuit. From the pre-trial meeting on June 3, 217 to the trial on April 2, 218, I, the plaintiff's lawyer, the clerk and the judge ran away for investigation and evidence collection, exchange of opinions, mediation and court hearing. Ten thousand words are omitted here. The game involves boring problems in the process of dropping from 15, yuan to 5, yuan, which has been sorted out in the summary of "Professional Edition", and the "Popular Edition" is also omitted here.
third, the judge popularizes the law-how to compensate?
？ The judges of the Intellectual Property Court of the Intermediate People's Court are professional, patient and kind. Seeing is believing and the day of trial is really harmonious.
？ In response to the opinion that the aunt's son-in-law put forward that the compensation fee of 5, yuan was too high, the judge made the following explanation (probably recorded): < P > In addition, the act of selling fake goods disrupted the market order and harmed the rights and interests of consumers. The plaintiff who sells real goods will definitely suffer economic losses, and this also needs compensation. Aside from these, the current charging standard for lawyers in Sichuan Province is that the minimum charge for a lawyer to represent a civil case is 5, yuan, and you can compensate the plaintiff for the rights protection fee of 5, yuan.
fourth, the lawyer's opinion-how to do it?
no matter how big or small your grocery store is, you should make sure that you buy "real goods". What I said above shows that even "selling 1 fake power cords" may cause "very big" things.
when buying goods, you must sign a purchase contract, obtain sales authorization, and ask for invoices and receipts. And keep the documents to prove that you bought the goods through legal channels.
as we all know, after all, no one wants to buy fakes.
Wang Xiaorong
? 218.4.22