How long is the statute of limitations for complaints about counterfeit goods

One, how long is the validity period of the counterfeit goods complaints

Counterfeit and shoddy products litigation period of two years, for China's current statute of limitations for general cases are two years, will be calculated from the parties to the purchase of counterfeit and shoddy products, for the use of the trademarks are not true, the quality of low-quality products should be reported. Counterfeit and shoddy products in the litigation is recognized as: the use of untrue factory name, factory address, trademarks, product name, product identification and so on, so that customers, consumers mistakenly believe that the product is the product being counterfeited. Counterfeit products are products of poor quality or loss of performance.

Counterfeit and shoddy goods in some of the use of value, but they can not be counted as goods, because they can not be normal trading as ordinary goods, or they do not contain socially necessary labor, even if they contain a small amount of labor, but that is not the general meaning of socially necessary labor, but in order to obtain the legitimate interests of the unequal exchange of labor, it may even be harmful to a kind of labor, therefore it can not be used for the purpose of the product. It may even be a kind of labor that produces harm, so it cannot be recognized by the society (even if the transaction occurs, it is because the buyer does not know the truth, and the consumer will not buy a fake product), and it has no value. Of course, something that has no value is not a commodity. We are talking about counterfeit and shoddy, excluding defective products. Second, you can identify five kinds of evidence of counterfeit and shoddy goods 1, the inspection report identification report is divided into the inspection report of the quality inspection department and the inspection report of the commodity manufacturers. 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 inspection reports that "the commodities sent for inspection are unqualified or counterfeit commodities" can be directly used as the evidence for recognizing the counterfeit and shoddy commodities. However, when the industrial and commercial law enforcement officers determine the quality of commodities based on the inspection reports of the commodity manufacturers, they 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, the higher industrial and commercial departments of the inspection notice

At present, all enterprises attach great importance to the products of the enterprise to fight counterfeiting rights, the enterprise once found in the market counterfeiting of the enterprise's goods, will be immediately reported to the local industrial and commercial departments. Once the superior industrial and commercial department verifies the facts, it will, if necessary, issue an inspection "notice" and ask the inferior industrial and commercial department to investigate and deal with the reported commodities. In this case, the administrative law enforcement personnel in the inspection process, as long as the commodities are found to belong to the "notice" referred to the problem goods, can be directly recognized that the goods are counterfeit and shoddy goods.

3. Significant difference between the packaging and decoration of the goods and the genuine goods

Due to the influence of manufacturing process, technology and other factors, generally speaking, there are differences between the packaging and decoration of the counterfeit goods and that of the genuine goods, and the law enforcement officers only need to fix the two kinds of markings and point out the significant difference between the two kinds of markings, and then it can be proved that the goods belong to the counterfeit and shoddy goods. The enforcement officers can prove that the goods are counterfeit and shoddy by fixing the evidence of the two marks and pointing out the significant difference between them.

4, on-site inspection report At present, most of the industrial and commercial departments are equipped with rapid food inspection boxes, in some areas with good economic conditions are also equipped with testing vehicles and other testing equipment. In the process of handling cases, the industrial and commercial law enforcement officers can use the testing equipment to conduct on-site testing of some commodities involved in the case, and the test results can be used as direct evidence to identify counterfeit and shoddy goods.

5. Interrogation transcripts that actively recognize the illegal facts

For some cases with small value, minor violations, and small differences between the packaging, decoration, etc. of the commodities involved and the identification of the genuine products, the testing equipment of the AIC department can not conduct on-site testing, and the samples sent for testing are also not of great value, if more than two persons actively recognize that the commodities involved are counterfeit or shoddy commodities during the interrogation of the persons involved in the case, the evidence can be used as a direct evidence to identify the counterfeit or shoddy commodities. This evidence can be used as the direct evidence to recognize the counterfeit and shoddy goods.

In summary, for counterfeit and shoddy products has been the concern of the industrial and commercial administrative departments to deal with the existence of counterfeit and shoddy products can easily affect the personal health and safety of others, and the consequences of the relevant responsible person to bear, the public security organs will also be investigated.

Second, I bought a fake, please complain to the Consumer Association useful?

Consumer complaints, refers to consumers for life consumption needs to buy, use of goods or services, and the operator of the consumer rights and interests of the disputes that occur between the consumer rights and interests of the organization to request the mediation of the consumer rights and interests of the protection of their legitimate rights and interests of the behavior. The effective time for lodging a complaint or appeal to a consumer association or an administrative organization has been specified in laws and regulations, i.e., within two years after a dispute has arisen. However, after a dispute has arisen between a consumer and a store, the consumer should file a complaint with the Consumers' Association in a timely manner, rather than delaying it for too long, because evidence may be lost over time. In addition, some of the goods should not be stored for a long time, it is difficult to identify the quality of its problems. Especially the implementation of the "three packages" of goods, once the "three packages" period will increase the difficulty of dispute resolution. So once a consumer dispute, consumers should promptly complain to the Consumer Association.

1, the complaint should be timely: consumers due to the purchase, use of goods or services, their rights and interests have been harmed, should be timely to the location of the receiving product quality issues department complaints. Timely complaint is conducive to correctly determine the degree of damage to the goods and the difference between normal wear and tear, to be able to accurately explain the situation, especially with regard to the quality of service and other issues is particularly important.

2, to be truthful: consumer rights and interests are harmed, whether with the responsible person - the production unit or sales, business consultations, or to accept product quality issues to the department of complaints, should be truthful to explain or write the situation, do not exaggerate, do not minimize, do not distort, do not hide the truth.

3, the requirements and opinions to be reasonable and lawful: complaints should be justified, in line with the "Product Quality Law", "Protection of Consumer Rights and Interests Law", "some of the repair and replacement of goods and return responsibility provisions" and other relevant state laws and regulations. Therefore, consumers should study the relevant laws and regulations, the correct use of legal weapons, the law requires the return or claim, to facilitate fair, accurate and rapid resolution of the problem.

4, the material should be complete: complaints to the receiving department to write a text material, provide the purchase of goods when the invoice or sales voucher. Text material should indicate the purchase or acceptance of the year, month and day of service, and the purchase or acceptance of the service project; write the name of the complainant and the complainant's name, address, postal code, name of the unit, the name of the contact person; write the facts of damage, the name of the purchased goods, models, specifications, quantities, prices, units of production and negotiation with the person responsible for the process. Complaints about the quality of service, should also write the name of the responsible person (or business license number). Complaints to cite circumstantial material, such as shopping invoices, it is best to keep the original, submit a copy. Note that, do not mail tickets, documents and real samples, in case of loss.

5, the evidence should be conclusive: (1) to provide evidence of damage caused by the product: to provide the product caused personal injury, disability or death of the doctor's certificate of diagnosis, for the treatment of injuries, illnesses, medical expenses, lost wages, living expenses, such as living expenses of the bills, for the burial of the deceased to pay the funeral expenses bills, etc., only to provide adequate proof of the fact that the damage occurred in order to obtain compensation.