A Study On The Legal Application Of Buying Fake While Knowing It

There has always been controversy about the reasonableness of buying fake and professional counterfeiters.However,given the fact that buying fake has not been prohibit by law,more people are becoming professional counterfeiters for interests.The purpose of studying buying fake is to clarify the internal legal relations of buying fake,including whether they are consumers,whether they are cheated by merchants and how to apply punitive damages.The significance of the research is to emphasize the positive and negative effect of buying fake,it is necessary to objectively and comprehensively look upon buying fake.The article can be divided into five parts.The first part is to introduce buying fake;the second part is to analyzes whether they are consumers and get the conclusion that they are consumers;the third part is to discuss wuether the buyers are cheated by merchants,then get the conclusion that the fraud must be based on being misunderstood,there is no misunderstood so there is no fraud;the fourth part analyzes the application of punitive damages for buying fake,the current situation is more confusing,we must rationalizing the causes,the five parts is to making some recommendations about buying fake.The research methods include comparative analysis,economic value analysis,value analysis and comprehensive analysis.Through the study of the above methods,the final conclusion is that buying fake belongs to consumer,but they have not been misunderstood by the merchant's behavior,so there is fraud to buyers.Punitive damages are the rights granted to individuals by the law.The purpose is to punish illegal acts and make up for their own losses.In the absence of self-inflicted losses,it is not a matter of legal protection purely for profit.The judicial interpretation grants the right to claim for buying fake in the food and drug industry,it is a special provision for value measurement,and it can't be analogized to other industries,the act of buying fake should being regulated under the reasonable guidance and containment of the law.