1. Loss compensation: Consumers who buy counterfeit and shoddy products can ask the manufacturers or sellers to compensate for the economic losses caused by the counterfeit and shoddy products. The amount of compensation generally includes the purchase price, repair costs, medical expenses, etc.
2. Punitive damages: If the manufacturer or seller of the counterfeit or shoddy product has committed malicious acts such as deception and false propaganda, the consumer can ask for punitive damages. The amount of punitive damages is much higher than that of damages, which is generally twice or more than that of damages;
3. Tort Liability Compensation: If the counterfeit or shoddy products have caused personal injury or property loss to consumers, consumers can ask the manufacturers or sellers to make tort liability compensation. Tort liability compensation generally includes medical expenses, nutritional expenses, transportation costs, lost wages and so on.
It is important to note that consumers need to provide appropriate evidence, such as proof of purchase, test reports, medical certificates, etc., when making a claim. In addition, consumers should file a claim with the relevant authorities or the court in a timely manner after discovering the problem so as to avoid expiration.
Criteria for recognizing counterfeit and shoddy products:
1. Inspection report
The appraisal report is divided into the inspection report of the quality inspection department and the inspection report of the merchandise manufacturer. Generally speaking, as long as the industrial and commercial law enforcement officers send samples of the commodities concerned for inspection in accordance with the laws and regulations, the conclusions of the two kinds of inspection reports that "the commodities sent for inspection are unqualified or counterfeit commodities" can be directly used as the evidence for the determination of counterfeit and shoddy commodities. However, when determining the quality of commodities based on the inspection reports of the commodity manufacturers, the industrial and commercial law enforcers should strictly examine other relevant evidence to prevent the commodity manufacturers from being driven by improper interests to issue false inspection reports and affect the quality of the cases;
2. Inspection notices from higher industrial and commercial departments
At present, all enterprises attach great importance to the anti-counterfeiting and rights defense of the products of the enterprises. will immediately report to the local industrial and commercial departments once they find the counterfeit goods of their enterprises in the market. Once the higher-level industrial and commercial departments have verified the facts, they will, if necessary, issue inspection "notices" to require the lower-level industrial and commercial departments to investigate and deal with the reported goods. In this case, in the course of inspection, as long as the administrative law enforcement officers find that the commodities in question belong to the problematic commodities referred to in the "notice", they can directly determine that the commodities belong to the counterfeit and shoddy commodities;
3. Significant differences between the packaging and decoration of the commodities and the genuine products
As a result of the influence of the manufacturing process and technology, in general, the counterfeit commodities can be regarded as the genuine commodities, and the counterfeit commodities may be considered as the genuine commodities. In general, the packaging, decoration, etc. of the counterfeit goods and the genuine goods will be different. Law enforcement officers can prove that the goods belong to counterfeit goods as long as they fix the evidence of the two kinds of markings (physical evidence) and point out the significant difference between the two kinds of markings;
4. On-site Inspection Reports
At present, most of the industrial and commercial departments are equipped with Rapid food testing boxes, and in some areas with good economic conditions, testing vehicles and other testing equipment are also equipped. In the process of handling cases, the industrial and commercial law enforcement officers can use the testing equipment to carry out on-site testing on some commodities involved in the case, and the test results can be used as direct evidence for recognizing the counterfeit and shoddy commodities;
5. Interrogation transcripts of the active recognition of the illegal facts
For some cases of small case value, the illegal circumstances are slight, and the commodities involved in the case are summarized as above, the compensation standards for counterfeit and shoddy products mainly include the damages, punitive damages and tort liability damages. The compensation standard for counterfeit products mainly includes damages, punitive damages and tort liability compensation. Consumers need to provide appropriate evidence when claiming compensation, and make claims to the relevant departments or courts in time.
To summarize, the compensation standard for counterfeit and shoddy products mainly includes damages, punitive damages and tort liability compensation. Consumers need to provide appropriate evidence when claiming compensation, and timely submit claims to the relevant departments or the court.
Legal basis:
Article 56 of the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests
Administrative Liability of the OperatorThe operator shall be liable for one of the following circumstances, in addition to the corresponding civil liability, and other relevant laws and regulations shall be enforced in accordance with the provisions of the laws and regulations if there are regulations on the penalizing authority and the manner of punishment; if there are no provisions on the laws and regulations, the operator shall be liable to be punished by the Administration for Industry and Commerce or other relevant administrative departments shall order rectification, may, depending on the circumstances, single or concurrent warning, confiscation of illegal income, impose a fine of more than double the illegal income of ten times the fine, there is no illegal income, a fine of less than five hundred thousand yuan; the circumstances are serious, shall be ordered to suspend business rectification, revocation of business license:
(a) the provision of goods or services do not meet the requirements of safeguarding the protection of personal, property safety requirements;
(b) in the goods mixed, adulterated, fake for real, substandard, or substandard goods for qualified goods;
(c) the production of goods that the state expressly eliminated or the sale of invalid, deteriorated goods;
(d) falsification of the origin of the goods, forged or fraudulently use another person's factory name, address, tampering with the date of production, and Counterfeit or fraudulent use of certification marks and other quality marks;
(e) the sale of goods should be inspected, quarantine but did not inspect, quarantine or falsify the results of inspection, quarantine;
(f) false or misleading publicity for goods or services;
(g) refused or delayed the relevant administrative departments ordered to take the defective goods or services to stop selling, warning, recall, harmless treatment, destruction, stop production or service and other measures;
(viii) intentionally delaying or unreasonably refusing to repair, rework, replace, return, make up the quantity of the goods, refund the purchase price and service costs, or compensate for the loss of the consumer's request;
(ix) infringing on the human dignity of the consumer, infringing on the personal freedom of the consumer, or infringing on the right of the consumer's personal information to be protected in accordance with the law. Consumers' personal information is protected in accordance with the law;
(j) the laws and regulations of the damage to the rights and interests of consumers should be punished in other cases.
Operators in the preceding paragraph, in addition to the laws and regulations shall be punished, the punishing authority shall be recorded in the credit file, to the public.