What does professional anti counterfeiting mean, and what is a professional anti counterfeiter?

1. Fear of calling the police.

The purpose of professional anti-counterfeiters is not to crack down on counterfeiting and protect consumer rights, but to demand high compensation, create a large number of malicious reports, and repeatedly extort merchants. For this kind of professional anti-counterfeiter, we are not afraid of professional anti-counterfeiting on the premise of ensuring that our products are the best and have quality assurance. All you need to do is save the relevant evidence and call the police.

Because the purpose of professional anti-counterfeiters is obvious, once you choose to call the police, they will have a sense of emptiness in their hearts, and he himself will take the initiative to withdraw from the house to detect this extortion.

2. I'm afraid that the merchant's product is fine.

As long as your product has no quality problems and no defects, then even if they report you, you don't need to be afraid. After all, if he reports you, the relevant departments will look for you to collect evidence and investigate, once you have checked that there is no problem with your product, then the industrial and commercial bureau will not punish you. On the contrary, if the person has been reported for a long time, the relevant departments may suspect whether he is a professional anti-counterfeiter, and then investigate him.

Nowadays, when some of them "fight fakes" the purpose is no longer to solve consumer filial piety disputes, but to ask for high compensation, "anti-counterfeiting" will change its taste, and some will become "fake fights" or even blackmail.

Professional anti-counterfeiters are most afraid of reports, complaints and other issues.

Sociologist Xia Xueluan likened the profit-seeking "professional anti-counterfeiters" to "parasites bred by bad business life." As the saying goes, "Flies don't bite seamless eggs".

Because of the fake, they have room to survive. Objectively speaking, these people have indeed played a positive role in the purification of the market, but they are still not representatives of consumers in the real sense.

When the "anti-counterfeiter" aims to make a claim, it is also necessary to keep a certain bottom line. Sometimes there is only a thin line between legal and illegal, and professional counterfeiting is like playing a side game, and it also faces risks.

Since Wang Hai, the "team" of professional anti-counterfeiters can be said to have gone forward and succeeded, and there have been many talents. There are also often cases of being exploited and claimed by "professional anti-counterfeiters" around us.

On May 29, 2017, the General Office of the Supreme People's Court mentioned in its reply to the State Administration for Industry and Commerce that the behavior of professional anti-counterfeiters seriously violates the principle of good faith, ignores judicial authority, and wastes judicial resources.

Considering the particularity of food and drug safety issues, we believe that at present, we can consider gradually restricting the profit-making anti-counterfeiting behavior of professional anti-counterfeiters in situations other than the purchase of food and drugs.

In other words, other fields will gradually restrict the profit-making anti-counterfeiting behavior of professional anti-counterfeiters, but in order to protect the people's right to life and health, in the field of food and medicine, the law supports them to buy counterfeits knowingly and demand compensation.

Sooner or later, it is illegal for a professional counterfeiter, because the professional counterfeiter is for the purpose of making money, deliberately constituting problematic goods or services, so as to demand compensation from the merchant, if it is an extortion of the merchant, the amount is relatively large or the extortion is repeated, it may constitute the crime of extortion, which is illegal and criminal.

Article 274 of the Criminal Law: Where public or private property is extorted, the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

Legal Analysis: Illegal. "Professional anti-counterfeiters" generally refer to those who deliberately purchase problematic goods or services for the purpose of making money and demand compensation from the merchant.

The anti-counterfeiting skills, methods and mastery of relevant laws and regulations in the consumer field have also become more proficient with the growth of 15 years. But what I don't want to see is that there are a few people in such groups who make a living from profit or even extortion, "fighting fake with fakes", and taking advantage of the legal gap and the psychology of businesses to settle things to obtain gray income. Because the "professional anti-counterfeiter" does not have the attributes of consuming for daily life, purchasing or using goods or receiving services, and therefore does not have the rights enjoyed by consumers, its behavior of demanding high compensation from merchants is suspected of illegal and illegal fraud.

Cracking down on counterfeiting for the purpose of making money, knowing that there is a problem with the goods, deliberately large quantities, and then asking the merchant to pay compensation through counterfeiting.

Legal basis: Criminal Law of the People's Republic of China: Article 274: Where public or private property is extorted, the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or where the amount of the penalty is huge or there are serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the amount of the fine is especially huge or there are other especially serious circumstances, a sentence of not less than 10 years imprisonment and a concurrent fine is to be given.