The Cause?Legal Limit And Countermeasures Of Buying Fake Products On Purpose

In recent years,with the introduction of punitive damage articles,people's awareness for consumer right protection has been raised.However,with it has also emerged such phenomenon as buying fake products on purpose.It should be said that anti-counterfeiting activities have certain positive effects,both in terms of consumer's awareness raising and cracking down on fake goods.However,there still lack regulation and guidance,as well as well-developed legal restraints for the "anti-fake"activities conducted by "professional counterfeit hunters".For the compensation to be convenient and speedy,most "anti-fake" activities only target such minor problems as product labeling and advertising errors.At present,the profit-making anti-fake activities have grown more serious.People would file lawsuits regardless of the legality of the business operations and regardless of whether the compensation is reasonable or not.At present,the profit-making anti-fake activities have grown more serious.People would file lawsuits regardless of the legality of the business operations and regardless of whether the compensation is reasonable or not.This kind of behavior not only takes up great administrative and judicial resource,it also hinders the steps taken by the law enforcement to take initiatives,as they spend too much energy coping with the professional counterfeit hunters.There could also be multiple risks involved,from violating the market integrity principle to disturbing the order of the market economy.On May 19th,2017,the official reply "Advice on Directing and Regulating Professional Anti-counterfeit Activities" issued by the Supreme People's Court reexamined the professional anti-fake acts,officially introducing the issue into the legislative view.However,before the enactment of any laws and regulations,great controversy still remains between the theoretical and practical camps on knowingly buying fake.This paper intends to provide suggestions on managing buying fake on purpose,through analyzing the source and change,the cause and legal restraints of the issue,in an effort to provide positive guidance for the purposely fake-buying group.The paper first focuses on the definition of purposely buying fake and the identity research on the purposely fake-buying population,in order to understand the rise,change and development of the behavior.The paper argues that from a long-term perspective,knowingly buying fake could not radically address the problem of the prevalent counterfeit products.Combining the Economic Law,the Administrative Law and the Civil and Commercial law,the paper analyzes the legal restraints of buying fake on purpose and indicates the influence of knowingly fake-buying on the level of law,morality,public order and good customs.In the end,the paper offers suggestions on how to positively guide the act of knowingly buying fake.By comparing and contrasting the development of the act with that of the legal system,the paper argues that different cases of the act should be treated differently:the act should be encouraged while the counterfeit products prevail to help regulate the market;it should be curbed when counterfeiting is controlled to avoid excessive compensation on the part of the operators.