Pi of the Chengdu City the Li Gang of boss of non-staple food supermarket of the area (alias) make over shop to friend Wang Zhan (alias) hind, did not deal with industrial and commercial change to register, result friend sells fake to be sued, li Gang registers operator to also be sued together as shop. And two people agreed when shop is made over, the dispute of the generation after making over has nothing to do with Li Gang.
Recently, red star news learns, court of this case classics adjudicates, as the registering operator of the supermarket Li Gang and Wang Zhan assume joint liability, need altogether compensatory accuser 8000 yuan.
Make over shop to did not deal with change to register to the friend
After Li Gang makes over shop to Wang Zhan, be based on the accredit to the friend, did not deal with change to register to door of The Ministry of Commerce and Industry, serve as real operator to continue to manage in place location by Wang Zhan, the business charter of shop is pensile still of Li Gang. Li Gang follows Wang Zhan to agree, the debt before making over is in charge of by Li Gang, the dispute after making over and Li Gang have nothing to do.
But before long hind, wang Zhan is changed by a day because of selling the goods of infringement of trade mark the company sues seek redress. Understanding makes over shop to Li Gang, after Wang Zhan is managed actually, day changes a company to register this supermarket Wang Zhan of operator Li Gang, real operator to serve as corespondent, sue Pi court.
Did not share management however by seek redress, li Gang raises doubt, think to just lend next business charter kindly, and still agreed to issue produces after making over its have nothing to do, day changes a company to should not seek him claim for compensation.
Pi the court thinks via cognizance, wang Zhan is sued to sell wash one's hands liquid product highlights used design, be in with experience record label structure, glyph, arrange the close on means to be like, bring about relevant public to be opposite the promiscuous mistake of commodity origin, form approximate. And the behavior that Wang Zhan sells this tort goods forms tort, the agree is carried suspend duty of losing of tort, compensation.
Former employer, new boss assumes liability to pay compensation jointly 8000 yuan
Whether is the supermarket that serves as the operator that register in the light of Li Gang carried duty, the court thinks, according to " individual and industrial and commercial a byelaw " the 10th regulation, individual and industrial and commercial of a modificatory operator, ought to dealing with cancel after registering, by new operator new application is dealt with register register. From this, individual and industrial and commercial threshold decided the capacity of specific individual operator. In reality, meeting general business charter hands in some operator that register to be used for a long time by real operator directly, short-term perhaps inside borrow real operator to use, handle new business license till the other side.
Be like this case, idle Yu Shen asks Li Gang and give business charter Wang Zhan is used, this still are used to do business when Wang Zhan is managed external charter, mean supermarket of this non-staple food to still exist, have pair of grandfather to show effectiveness, because supermarket of this this experience case is mixed,Wang Zhan has the interests on the right and obligation.
The court thinks, this supermarket sells tort commodity to offer convenience condition for Wang Zhan, subjective to the happening of tort behavior on have fault. And the sale action of Li Gang behavior and Wang Zhan is objective on have associated sex, caused other trade mark right to get jointly the harm of enroach on result, form collective tort, need to assume joint liability.
Final, the court adjudicates 8000 yuan to supermarket of experience case non-staple food and Wang Zhan compensate for accuser jointly.
"Supermarket of non-staple food of case of experience of the court decision in this case assumes joint liability, but as a result of individual and industrial and commercial door characteristic, what often assume this responsibility actually is the registering operator of the supermarket, namely Li Gang needs the former inn employer in this case and Wang Zhan assumes liability to pay compensation jointly. Adopt this proposal, the hope reminds broad and individual industrial and commercial door, if involve,manage make over, answer to set strictly according to law, fulfill change to register, cancel the formalities such as former SOHO. Stop action of business charter lend, according to standardization the requirement participates in the market to manage, lest produce legal risk,bring about responsibility to assume. " this case undertakes judge Ran Yin tells red star news.
Zhao Yu of red star journalist
Edit Liu Jing
