Making a profit by ＂professional counterfeiting＂ may be punished! Merchants should protect their rights in this way.

　　According to the law, a special group of people-"professional counterfeiters" was born by cracking down on counterfeit and shoddy goods in the market through legal channels. Once upon a time, professional counterfeiters played a positive role in cracking down on fake and inferior products and purifying the market environment. However, with the development of time, some people extort money in the name of "professional counterfeiting", and even violently coerce businesses to pay huge sums of money, which gradually makes professional counterfeiting taste bad. Recently, the Shanghai Municipal Administration of Market Supervision issued a message saying that it would focus on the investigation of "professional counterfeiters". So, what kind of counterfeiting is legal? In the face of illegal "professional counterfeiters", how should businesses guard against them?

　　Shanghai focuses on investigating cases of "professional counterfeiters" who have been sentenced.

　　Recently, Shanghai has focused on cracking down on black-related and evil-related behaviors in various commodity trading markets, such as "bullying" and "bullying" who bully the market and collect protection fees, and "professional counterfeiters" who knowingly buy fakes and defraud compensation. Focus on the investigation of "professional counterfeiters" who defraud operators of money by harassing, pestering, making trouble, gathering people to create momentum, etc., and are suspected of extortion and trouble-making. At present, the Shanghai market supervision department has transferred 94 criminal clues suspected of "professional counterfeiters", and there have been cases in which "professional counterfeiters" have been sentenced. Ling Jianhao, a lawyer of Jiangsu Taihe Law Firm, said: "It doesn’t include all professional counterfeiters in the scope of eliminating evil, so I think it still targets at some of these behaviors involving black or evil."

　　Counterfeiting should not be for profit. "Professional claim" is harmful.

　　In recent years, professional anti-counterfeiting with professional claims and professional reports as the main forms has shown the characteristics and trends of gangs, specialization and scale, which not only seriously puzzles enterprises and affects the business environment, but also abuses the rights of complaint reporting, information disclosure and reconsideration litigation, and occupies a large number of limited administrative and judicial resources. The reporter learned that according to the relevant provisions of the Consumer Protection Law, in the field of ordinary consumer products, the premise for consumers to obtain punitive damages is that the operators have fraudulent behavior. Lawyer Ling Jianhao said: "Consumers aim at consumption, so if they find that businesses are fraudulent in the process of consumption, they can legally defend their rights. This is called normal rights protection."

　　From the legal point of view, the subjective purpose of "professional counterfeiters" is to make profits with high claims, and it is not applicable to the punitive damages for fraud in the Consumer Law. For example, some professional anti-counterfeiting activities have gone beyond the general category of "anti-counterfeiting" and evolved into criminal acts by deliberately buying fakes and even resorting to criminal means such as extortion, which is very harmful. "He may see that this commodity has not expired and he won’t buy it, but if he sees that this commodity has expired, he will buy it and then make a profit in the name of counterfeiting. From our relevant judicial precedents, it can be seen that if a professional counterfeiter files a lawsuit with the court for the purpose of profit, not consumption, his request may be rejected."　

　　Merchants should operate in accordance with the law and report illegal "professional counterfeiting"

　　Lawyer Ling Jianhao pointed out that "professional counterfeiting" and extortion are often only one step away. Normal counterfeiting is protected by law, but once it becomes a "professional claim", the nature of extortion in the name of counterfeiting will change. As a merchant, if you want to avoid illegal infringement, you must first operate according to law, ensure that the products you sell meet the national regulations, and report to the public security organs and market supervision departments when you encounter professional counterfeiters whose claims are obviously too high. "Professional counterfeiters can respond normally if they sue, and don’t easily meet some needs and needs of professional counterfeiters."

　　It is hoped that market supervision departments at all levels, public security organs, procuratorial organs and judicial organs will work together to regulate "professional claims" more effectively. At the same time, we should increase the propaganda of typical criminal cases of professional claims, and form an atmosphere of resistance to "professional claims" in the whole society.

　　For more exciting content, please watch the "News 360" column broadcast on Jiangsu Public News Channel at 18: 30 tonight, or download our Jiangsu and Litchi news clients.

　　(Source: Jiangsu Guangdian Rong Media News Center/Wang Bing Editor/Zhao Enzhen)