
A Study on the Legitimacy of the Behavior of Knowing Purchase of Counterfeit Goods
- 1 Yan'an University
* Author to whom correspondence should be addressed.
Abstract
Since the news of Wang Hai’s victorious compensation claim for "anti-counterfeiting through knowingly buying counterfeits" spread across China in the 1990s, many individuals engaging in similar actions have emerged in various market sectors. The academic community remains divided on how to characterize this behavior, and lawsuits resulting from such actions are frequent. By searching for "knowingly buying counterfeits" on China Judgments Online, 1,885 related civil judgments are found from January 1, 2018, to January 5, 2024, showing a declining trend in the number of judgments over this period. Although this trend may partly be due to a decrease in the rate of judgment disclosures on the website, the persistence of hundreds of related cases annually over the past two decades indicates that the legal issues surrounding knowingly buying counterfeits are still worth studying in China’s market economy. This paper will analyze the legitimacy of such actions by discussing the concepts of knowingly buying counterfeits and punitive damages, using typical cases and judicial rules in China as references.
Keywords
anti-counterfeiting through knowingly buying counterfeits, punitive damages, Legitimacy, consumer status, legal reward theory
[1]. Xiao, J. N. (2023). Buyers who knowingly purchase fake products have the right to claim multiple compensations. People’s Judiciary, 11, 67-71.
[2]. Liu, S. L. (2019). The issue of punitive damages in consumer public interest litigation. Law, 8, 62-64.
[3]. Han, L. N. (2022). On the application rules of punitive damages and administrative fines. Huxiang Law Review, 4, 48.
[4]. Wang, L. M. (2000). Research on punitive damages. Chinese Social Sciences, 4.
[5]. Xiong, B. W., & Wang, J. L. (2023). Empirical legal research methods based on adjudication documents: Taking the issue of "knowing purchase of fake products" as an example. Economic and Trade Law Review, 6, 116-137
Cite this article
Xie,Y. (2024). A Study on the Legitimacy of the Behavior of Knowing Purchase of Counterfeit Goods. Advances in Social Behavior Research,8,38-40.
Data availability
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