As for what you said, I would like to further verify whether the products purchased are indeed patent infringing products or trademark infringing products. At the same time, I will make further assumptions: 1. You purchased the product for your own consumption; 2. You did not know that the product was an infringing product when you purchased it; 3. You did not know the store’s business license when you purchased it. Has been logged out.
If what you buy is indeed a patent-infringing product, according to Article 11 of the Patent Law, although it is inappropriate for you to use a patent-infringing product, as long as you do not use the patent-infringing product The product is used for production and business purposes, and there is no clear legal responsibility for you. Moreover, although the product has legal defects, it should not have much impact on your personal use. Therefore, from a legislative perspective, the current relevant laws have no clear restrictions on consumers’ use of patent infringing products, and there are no clear remedies. I wonder what responsibility you want to hold the shop owner responsible for?
If you purchase goods with trademark infringement, which is equivalent to buying counterfeit products, according to the provisions of Article 49 of the "Consumer Rights Protection Law", you can ask the store owner to double the price of the goods you purchased. . Although the shop owner's business license has been cancelled, that is the shop owner's business. His behavior is an unlicensed operation and he must bear administrative responsibility according to law. However, this should have nothing to do with you, and the law will not reduce or even eliminate his legal responsibility to consumers because of his illegal behavior.
As for the evidence when you claim rights from the store owner, the invoice is of course a very important evidence. At the same time, the physical object you purchased is also important evidence, because the authenticity of the product cannot be determined from the invoice itself, and it must be supplemented by other evidence. Another point is that you must be able to prove the correspondence between the physical object and the invoice. For some treacherous merchants, even if you put the physical object and the invoice in front of him, he will deny it and admit that the invoice was issued by him, but the physical object has been You replaced it. This last point is sometimes the most difficult, and you must be prepared before taking action.
Article 49 of the "Consumer Rights and Interests Protection Law"
If an operator commits fraud in providing goods or services, he shall increase compensation for the losses suffered by the consumer in accordance with the requirements of the consumer. The amount of increased compensation shall be twice the price of the goods purchased by the consumer or the cost of receiving services.
Article 11 of the Patent Law: After an invention or utility model patent is granted, no unit or individual may exploit the patent without the permission of the patentee, except as otherwise provided in this Law. , that is, it is not allowed to manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use its patented methods, or use, offer for sale, sell, or import products directly obtained according to the patented method.
After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, the design patent shall not be manufactured, offered for sale, sold, or imported for production and business purposes. product.