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The latest national regulations on the behavior of professional anti-counterfeiters

Legal analysis:

The General Office of the State Council issued the "Guiding Opinions on Promoting the Standardized and Healthy Development of the Platform Economy", which clearly requires "to crack down on online fraud and fraud in the name of 'anti-counterfeiting' in accordance with the law" "Extortion and extortion"; the "Guiding Opinions of the State Council on Strengthening and Standardizing Interim and Ex-post Supervision" issued by the State Council clearly stipulates that "profit-making 'anti-counterfeiting' and claims for compensation should be regulated in accordance with the law"; the "Market Supervision and Management Complaints" issued by the State Administration for Market Regulation Paragraph 3 of Article 15 of the Interim Measures for Handling Reports stipulates that if the purchase or use of goods or services is not for daily consumption, or if it cannot be proven that there is a consumer rights dispute with the respondent, the market supervision and management department will not accept the case. . Some commentators pointed out that these regulations mean that the behavior of "knowing about fakes and buying fakes" will no longer be supported. In order to achieve the purpose of claiming compensation, some professional claimants forge evidence to extort merchants; or they abuse their rights such as complaints and reports, reconsideration proceedings, and supervision complaints, occupying a large amount of administrative and judicial resources, causing serious negative effects.

Legal basis:

"Interim Measures for Handling Complaints and Reports on Market Supervision and Administration of the People's Republic of China" Article 15 Not purchasing or using goods or receiving services for daily consumption needs , or if it cannot be proven that there is a consumer rights dispute with the respondent, the market supervision and management department will not accept it.

Derived questions:

Can professional counterfeiters still receive compensation? Professional anti-counterfeiters are also consumers. Although professional anti-counterfeiting is highly controversial, please remember that if a merchant is at fault and sells expired or counterfeit products, its behavior itself is illegal in the first place.

As long as professional anti-counterfeiters purchase similar products through formal procedures and channels, they certainly have the right to demand compensation from merchants in accordance with the law. Although their motives are impure, my country has not yet deemed professional anti-counterfeiters to be illegal