Counterfeiting should not become a professional extortion.
A few days ago, with the "Regulations on the Implementation of the Consumer Protection Law (Draft for Comment)" open to the public for comments, some special consumers once again attracted attention. These consumers take buying commodities that violate the rules or involve infringement of consumers’ rights and interests as their occupation, and claim compensation from merchants through complaints or lawsuits. This crowd is also called "professional counterfeiters".
The group of professional counterfeiters has been controversial.
Some people compare professional counterfeiters to "catfish" in the market, which objectively improves the consumption environment. "We should objectively and fairly understand the role and function of professional counterfeiters. They can play a synergistic role with administrative law enforcement departments such as industry and commerce and help promote social fairness and justice." Liu Junhai, director of the Institute of Commercial Law of Renmin University of China and vice president of China Consumers Association, said.
Others think that professional counterfeiters occupy a lot of administrative resources. "Professional counterfeiters also occupy or even waste a lot of administrative and judicial resources, but the industrial and commercial departments have no time to deal with real consumer disputes." Zhu Wei, deputy secretary-general of Beijing Consumer Law Association and deputy director of Communication Law Research Center of China University of Political Science and Law, said.
Some professional counterfeiters even ask enterprises to pay expert fees and consulting fees through "planting"
"Professional counterfeiters are very concerned about the advertising field, which is helpful to purify the advertising market. However, it is not advisable for some people to complain about counterfeiting as a means of personal gain. " Zhang Guohua, director of the Advertising Department of the State Administration for Industry and Commerce, said.
Li Shan, vice president of Leyou International Business Group Co., Ltd., said that the company once met a professional counterfeiter who bought two boxes of food with tens of yuan online and claimed 100,000 yuan on the grounds that the content of a certain ingredient in the label was not in compliance. Li Shan thought that there was no quality problem in the product and refused its request. In the end, the industrial and commercial and market supervision departments only asked Leyou Company to standardize the label without paying a fine. "Although the professional counterfeiters didn’t take advantage of anything in the end, it dragged on for a long time and wasted a lot of manpower and material resources of the company."
Some professional counterfeiters have even become "professional blackmailers", asking enterprises to pay expert fees and consulting fees through "planting". According to industry insiders, some so-called professional counterfeiters not only buy fakes, but even buy fakes. For example, in supermarkets, bread and fresh food are hidden in the depths of clothing shelves, and then quietly taken out when the goods expire; Erase the production date on the package with chemicals … …
"These professional blackmailers disrupt the market competition order, and we must resolutely resist it. Professional counterfeiters also need self-discipline." Zhu Wei said.
Should professional counterfeiters get punitive damages?
The "Regulations on the Implementation of the Law on the Protection of Consumer Rights and Interests (Draft for Comment)", which was publicly solicited to the public a few days ago, clearly mentioned that "these regulations are not applicable to the acts of natural persons, legal persons and other organizations other than financial consumers who purchase, use goods or accept services for profit." Some people think that this means that professional counterfeiters will no longer be protected by the Consumer Law, which has poured cold water on this group.
However, the "Several Issues on the Application of Laws in the Trial of Food and Drug Disputes" issued on January 9, 2014 stipulates: "If there is a dispute over the quality of food and drugs, the buyer claims the rights from the producers and sellers, and the producers and sellers make a defense on the grounds that the buyer still buys the food and drugs knowing that there are quality problems, the people’s court will not support it." This is interpreted as the court’s support for "buying fakes and counterfeiting" and giving professional counterfeiters confidence.
This year’s "Government Work Report" proposes to establish a punitive compensation system for commodity quality. So, should professional counterfeiters get punitive damages?
"The Consumer Law belongs to the civil law. It doesn’t make sense for professional counterfeiters to use civil law to obtain punitive damages, but we can encourage professional whistleblowers and give them material and spiritual rewards. The Food Safety Law is an administrative law, not a civil law, so professional counterfeiters can get punitive damages of ten times the price or three times the loss. " Zhu Wei said.
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