What are the legal risks of the fire flying tray?

This summer, the Flying Disk Movement made a circle with unique advantages such as easy learning, equipment, and strong social attributes. As a "fashion sports project", the flying tray is also included in the compulsory education stage and is about to hold a national official league. However, what legal risks do such a fashion movement exist while bursting?

You should first look at the product logo when you buy a flying plate

In order to experience the flying tray, Cheng bought a flying tray at a sporting goods store. After returning home, he found that the product's outer packaging did not mark the product execution standard number, and there was no corresponding Chinese logo. Cheng Mou believes that the merchants have fraud in the production and sales process, and then claim a lawsuit. In the end, the court ruled that Cheng would refund the goods, and the merchant refunded and assumed a punitive compensation of three times the flying price.

It can be seen that the production and sales of flying tray products should implement the corresponding product standards, and marked the content of the product logo on the packaging according to the characteristics, such as the product execution standard number, etc., the seller has the identification of whether the product logo sold in accordance with laws and regulations is compulsory. Obligations required.

At present, some flying tray products do not strictly implement national standards. In the process of sales, the real situation of the product is concealed. For example, the outer packaging of the flying disk does not indicate the product execution standard number, and some even lack the quality inspection certificate, the product name of the Chinese indicated in Chinese, the production of production, production, and production The factory name and site address. This will make consumers unable to fully understand the product information when buying a flying tray, and cause an error understanding. In this case, not only the flying disk products may have hidden quality hazards, but also may constitute fraud on consumers.

Product standards are the main basis for measuring the quality of the product. The labeling of the product execution standard number on the product helps consumers to accurately understand the quality of the product's quality. Article 25 of the Standardization Law of the People's Republic of China stipulates that products and services that do not meet the mandatory standards shall not be produced, sold, imported or provided. Article 24 of the "Regulations on the Implementation of the Standardization Law of the People's Republic of China" stipulates that the production execution of national standards, industry standards, local standards, or corporate standards shall be marked on the code, number, number, number, number, number, number, number, number, number, name. Article 33 of my country's Product Quality Law stipulates that sellers shall establish and implement the purchase inspection acceptance system, which will be verified that the product qualification certificate and other logo shall be verified. In addition, according to Article 55 of the Consumer Rights Protection Law, if an operator provides fraudulent behaviors of goods or services, it shall increase the loss of compensation in accordance with the requirements of the consumer, and increase the amount of compensation for the price of the price for consumers to purchase goods. Or three times the cost of receiving services. Therefore, if the operator has fraud at the sale of the flying tray, consumers can ask operators to pay three times punitive compensation for the price of the commodity price.

Judge remind

As a sports product, the flying tray must comply with the general regulations of the country's quality of the product. Manufacturers should ensure that the product packaging is printed with relevant signs during production, and the logo must be true. The product packaging logo shall have a certificate of quality inspection; the product name, the production factory name, and the address of the factory marked in Chinese; according to the characteristics and requirements of the product, the name and content of the product specifications, grades, and the main component contains are required. See it accordingly; if you need to let consumers know in advance, it should be indicated on the outer packaging, or provides consumers with relevant information in advance; improper use and products that can easily cause the product itself to damage or may endanger their personal and property safety. Chinese warning description, etc. For imported flying trays abroad, as long as the product is sold in my country, it should abide by my country's mandatory standards, and the product standards implemented should meet relevant regulations. As a seller, merchants should also do their best to purchase and review obligations to avoid setting up flying trays that do not meet the standards. Flying dial enthusiasts should pollute their eyes when buying, and they must be cautious in the face of low -cost and humble packaging flying plate products. When buying, they must focus on checking the standard number of the product execution standard number and the qualification certificate of quality inspection.

Who should be responsible for the enthusiast team to play a flying disk and hurt

Although the flying tray is simple and easy to learn, and it is safer than the ball movements that pay attention to physical confrontation, the behavior of throwing, running, and competing is still risky. In the case, it occurred from time to time, injury during the flying disk, and running injuries.

The owner Jiang, Jiangmou, released in the group chat and organized a flying tray movement. When Xiao Zhou participated, Xiao Cao was injured because of competing with Xiao Cao for the flying disk. On the same day, Xiao Cao accompanied Xiao Zhou to the hospital and paid medical expenses for him. After diagnosis, Xiao Zhou's left knee ligament was torn, and the surgery hospitalization cost more than 70,000 yuan. Xiao Zhou believes that his damage was caused by the impact of Xiao Cao when he snatched the flying disk, so the other party should compensate himself for losses; Jiang, as an organizer of the event, should also bear the responsibility for supplementary compensation. The court finally determined that Xiao Cao and Jiang had no fault on the occurrence of damage. According to the principle of fairness, Xiao Cao decided that Xiao Cao would properly share the economic losses of Xiao Zhou.

Regarding the determination of the responsibility of personal damage in the flying tray, Article 1,76 of the Civil Code stipulates the principle of "self -risk", that is, voluntarily participating in a certain risk of cultural and sports activities. The victim must not ask other participants to bear the liability for infringement; however, other participants have intentionally or major negligence in the occurrence of damage. In addition, according to Article 1,198 of the Civil Code, hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other operating places, operators, managers, or organizers of public places If the obligation of security and guarantee is not fulfilled and the damage to others shall bear the liability for infringement. If the behavior of a third party causes damage to others, the third party shall bear the liability for infringement; if the operator, manager or organizer fails to fulfill the obligation of security and shall bear the corresponding supplementary responsibilities. It can be seen that for the venue operators of the flying tray and the organizers of the event, even if the damage is caused by other activists, but if it does not have the obligation to security, it may also face infringement liability. Judge remind

As a confrontational sports competition with a certain risk, the flying tray movement is a normal phenomenon in the competition. In the group that the enthusiasts organize and participate in the group, as an adult, participants should fully know such sports. Exercise may cause risks. Players voluntarily participate in the flying market through the information released by the community and clubs. During the movement, they are both potential manufacturers of risks and potential bears of risks. They should generally bear their own risks. Once the accident occurs, unless the perpetrator obviously violates sports ethics and exercise rules, it is generally not infringement liability for infringement responsibilities for injuries, and it can only be appropriately shared in accordance with the principle of fair liability. As an organizer of the flying disk activity, the law stipulates that it should fulfill its security obligations and give the participants to the event guidance and safety guarantee during the movement, otherwise it shall be liable for damages.

Under the current situation of the rapid growth of the flying player group, the problem of sports safety should be worth noting. Before organizing activities, the community should fully explain the information such as the rules of the competition, common risks, and precautions to the players to improve the player's awareness of self -protection and risk prevention. As a flying tray club and venue operator, during the operation process, we should pay attention to improving the level of security and guarantee. By strengthening internal management, equipped with qualified coaches teaching and sufficient emergency protection measures, minimal personnel injuries may be reduced, and it is ensured that after the damage occurs , Avoid the expansion of losses. When paid to participate in the exercise, flying disk players should try to choose business institutions with standardized operation specifications and high service levels, and learn about related matters such as event pricing, training costs, insurance purchases, etc., to avoid difficulty in protecting their own rights after damage.

"Cottage Flying Disk" is seriously responsible for criminal illegal illegal

With the explosion of this sport, some luxury goods and sports tide brands will be used as trendy products to give flying fashion elements by custom patterns and brand joints. Thousand yuan. Due to the high demand for flying trays and peripheral products, and the participating groups are more concerned about fashion brands, the social identity brought by the flying tray is stronger than that of ordinary products. Such products are very easy to cause problems such as infringing trademarks and imitation. At present, some criminals have followed this "cheese" to climb the goodwill of other people's brands through counterfeit imitation related products, and seek improper benefits for themselves.

According to news reports, some products on the market counterfeit the trademark and logo of an company E company E company E company, stole the graphics patterns of the company's flying plate products, and make product production and sales. Manufacturers obtain orders in the form of fraud. This behavior not only violates consumer rights, but also involves infringement of the intellectual property and reputation of E Company, disrupting the normal order of the flying market.

The above behaviors of imitation, imitation, and partial modifications of flying trademarks belong to the falsification stipulated in Article 57 of the Trademark Law of my country, manufacture the registered trademark logo of others or sell for fake, and manufacture. The registered trademark rights of trademark right holders will bear legal responsibility such as stopping infringement and compensation for losses. In addition, in accordance with Article 215 of the Criminal Law, the number of registered trademark logos that is forged, manufactured or sold for falsification, and manufactured without authorization is more than 20,000, or the amount of illegal operation is more than 50,000 yuan, or the amount of illegal income is lies in the amount of illegal income. For more than 30,000 yuan, it constitutes the signs of registered trademark marks that illegally manufacture and sell illegal manufacturing. Therefore, when the flying tray that imitates the well -known brand reaches a large amount, it may also bear the corresponding criminal liability.

Judge remind

Today, when the protection of intellectual property rights is increasing, infringement will inevitably pay a high price, and may even face prison. In response to the current issues such as infringement of intellectual property rights in the flying tray industry, manufacturers should actively apply for the legal protection of trademarks and copyrights for its products. Those with conditions can also use technical means such as anti -counterfeiting labels to provide traceability identification for products. If pirated flying disks and trademark infringement are found, the right holder should actively protect rights and actively provide clues to the supervision and management department.

Consumers should choose regular channels when purchasing high -priced flying disks, consume rationally, pay attention to identifying flying trademarks, packaging, and logos to avoid losses caused by buying counterfeit products.Once the equity is found to be infringed, it shall be complained or defended by the regulatory authorities in time.Regulatory departments should increase their implementation of management regulations, strengthen market supervision, inspections and law publicity, strengthen the combination of intellectual property infringement while cooperating with the right holders, and improve the infringement costs of bad businesses.Only by working together to form a joint force, can we maximize the healthy and orderly development of the flying tray industry under the framework of legal compliance.

Source | "Beijing Daily" August 24, 2022 Edition 10

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