Businesses unable to prove non-counterfeit Parker had sold Pipan Pei - Brand Parker Pen - Office Products Industry
- Chinese Commercial News reporter Wang Hongwei Communication Members of Chi-Hui Chen Feng Haiming Yang Chengguo You had Maidaojiahuo experience
? If Maidaojiahuo, businesses are not accredited, you can not prove the original purchase of this fake is how to do that? Yesterday, Zhengzhou City Intermediate People's Court with the "counterfeit Parker" case, made the final sentence, Consumption Who won. A counterfeit Parker unmarked products into problems of proof 2006 10 19, Zhengzhou public WANG Qi-liang in Qingfeng Stationery Shop purchased a Parker pen, it costs 500 yuan. After a lapse of a week, WANG Qi-liang once again came to the shop, demands the return, he said, this Parker is a fake. Stationery shop does not recognize that this document nor that pen, WANG Qi-liang was holding counterfeit Parker did not buy that support. The two sides can not be reached, WANG Qi-liang Qingfeng stationery shop to court, demands the return of refund. Court trial, WANG Qi-liang 2 out of the evidence, the Parker Pen and purchase invoices. After hearing that the Court of First Instance, in accordance with the "civil law" principles of proof, who advocates who burden of proof, WANG Qi-liang evidence presented to justify the original counterfeit Parker Pen as it purchased a stationery shop in Qingfeng support. WANG Qi-liang's ruling dismissed the claim. WANG Qi-liang refused to accept the Zhengzhou Intermediate People's Court of Appeal, Zhengzhou Intermediate People's Court believes that, WANG Qi-liang, as an ordinary consumer, have done their utmost in form can be submitted all the information submitted all his evidence. Both sides the fact that the purchase of Parker Pen cases were recognized, based on the perspective of consumer protection, stationery shop should be proof "this nor that document." Stationer could not cite due to convincing evidence, Zhengzhou City Intermediate People's Court of Final Appeal ruling in favor WANG Qi-liang, stationery return payment. Who prove "this thing nor that thing" judgments leading to disputes Henan days to support the right law firm Bo Court of First Instance of the view that the second trial, in favor of consumers, unfair to the businesses, "will certainly affect the future to include the Parker Pen, including all non-marked product of disputes, but also may lead to more malicious actions. " "In addition to houses, cars and other equipment marked recognition, the future of small pieces of almost all goods are not marked, invoices and other written documents also can not confirm 'this thing art That thing'." Bo said, " the event of disputes, business will be in a very disadvantaged position, for example, buy a bag I am, at another demands the return of imitation, not a very innocent businessmen? "Qingfeng stationery for people to tell their own concerns:" If more people took the counterfeit future demands the return of country? " The law firm of Sun Youfu Henan dyke lawyer, then agree that a second trial, "in addition to invoices and Parker, also show little evidence of consumers, who can not be 24 hours in Monitor In? " Henan Public Security College Law Associate professor of IMP has been said that this is difficult because evidence is difficult to ascertain the situation caused by the fact that, compared with businesses, consumers relatively weak, out of consumer protection, this sentence does not fault the court of second instance. However, based on the principle of fairness, the Court also taking into account the interests of the business.Businesses unable to prove non-counterfeit Parker had sold Pipan Pei - Brand Parker Pen - Office Products Industry
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