I believe that people who open stores will have such troubles and worry about being blackmailed by malicious buyers. In fact, don't panic and don't contact when you receive such a complaint. They just pass by and play with probability events, but there will always be a small number of sellers who don't understand the rules and want to spend a little money to compromise. If you contact them, they will keep an eye on you and will continue to follow you and negotiate with you. The more communication, the worse for you. Of course, what if it does happen? Don't be afraid, the ultimate goal of such professional counterfeiters is to cheat money.
They usually complain in several ways: extreme words; Complain to the Food and Drug Administration; Industry and commerce; Be sued and receive a court summons.
I. Accepting complaints about extreme terms
If it is an extreme written complaint, the counterfeiter will generally complain directly to the official, or send a screenshot to the industrial and commercial bureau or a similar indictment. What you have to do is to modify sensitive words at the first time and fully cooperate with the official and local industry and commerce. Under normal circumstances, it is difficult to establish a complaint against a counterfeiter for violating the advertising law with only a screenshot of his page. In many cases, as long as it does not cause great losses to buyers, the government does not support these buyers to complain about prohibited words. General complaints are not established, mainly through consultation with merchants for rectification. Because the official also knows that this is a professional counterfeiting and wants to claim compensation.
The second is to be complained to the food and drug administration, industry and commerce.
Generally, this kind of complaint is difficult to establish, and it is difficult to obtain evidence after it is established. What you have to do is to cooperate with relevant departments, provide materials and go through a process. In the meantime, you may meet the seller who was fined by the industrial and commercial bureau. This kind of punishment can require reconsideration, which takes 90 days. It takes a long time to delay for 3-6 months on the grounds that materials can be prepared after the expiration. Even if we are fined, the money will be given to the government. The purpose of counterfeiters is to cheat money, so many counterfeiters give up.
Third, counterfeiters sue and issue subpoenas.
In this case, counterfeiters usually make a large number of shots (so be sure to set a single id to limit the maximum amount of shots), and then say that counterfeit brands and the like need to sue you according to the regulations of the Consumers Association. This situation is very easy to solve, so we must refuse to sign the court summons, delay first, and not sign shows that the defendant does not know and the case cannot continue. Even if the follow-up case process goes on and is sentenced, the case can be reconsidered in the second instance. If the reconsideration fails, a criminal investigation procedure may be requested. This time is 30-90 days. After the expiration, it can be delayed for about 3 months on the grounds that evidence can be obtained. Most of the cases were suppressed by the court and finally dropped.
Four, the right holder in the fight against counterfeiting rights two points for attention.
In addition to state organs, in market economy activities, there are probably several types of people who have heartfelt motivation to crack down on counterfeiting: the first type of people are consumers, and consumers will have the motivation to crack down on counterfeiting if they buy fakes or use fakes to damage their bodies and property; The second kind of people are obligees, including trademark owners, patentees and obligees who are fraudulently using other commercial trademarks. Fake goods will invade the obligee's market, and bad money will drive out good money, which will bring huge losses to the obligee, and the obligee will have the motivation to defend rights and fight counterfeiting; The third kind of people are professional counterfeiters. Professional counterfeiters engage in counterfeiting, which can earn income or even get rich, and naturally have the motivation to crack down on counterfeiting.
Professional counterfeiters are not real consumers. How to treat professional counterfeiters, China's judicial policy has changed many times. At present, the court does not support professional counterfeiters, except in the field of food and medicine. As far as consumers are concerned, consumers will have the motivation to crack down on fakes because they have bought fakes and their bodies and property have been damaged. But in most cases, because the value of the fake goods they bought is not high, and the time cost, economic cost and emotional cost of rights protection are high, most of them can't choose. A few will call the Consumers Association and even have no motivation to report to the Consumers Association. In most cases, only the obligee is active. Because for the obligee, the proliferation of counterfeit goods not only encroaches on its market share, but also reduces the reputation of its products, "smashing the brand". For consumers, fakes bought for a few dollars generally don't complain or sue, but for the obligee, it is a big account. A few dollars for a single product, the total sales volume in a region may be very large. Therefore, in the process of anti-counterfeiting and rights protection, the obligee is often the most active. Anti-counterfeiting through the obligee's rights protection can purify the market environment and protect the legitimate rights and interests of consumers.
Legal basis:
People's Republic of China (PRC) advertising law
Article 9 Advertisements shall not be under any of the following circumstances: (3) The use of terms such as "national level", "highest level" and "best" shall not be underestimated, because the current Advertising Law of People's Republic of China (PRC) was promulgated at the 14th meeting of the 12th NPC Standing Committee in People's Republic of China (PRC) on April 24th, 2005. Theoretically, according to the principle of no prohibition, the industrial and commercial departments cannot unilaterally identify other extreme terms unless they use three extreme terms: national, superlative and best. According to Article 67 (4) of the Constitution of People's Republic of China (PRC), whoever legislates will interpret the law, which means that only the NPC Standing Committee can determine the "top level" as a clause within the scope of "equivalent clauses". The administrative department for industry and commerce also has no right to identify.