Wang Hai’s anti-counterfeiting case can be considered from the following points:
1. The background of anti-counterfeiting, including the social culture of selling counterfeiting and punitive damages under my country’s Consumer Law.
2. Wang Hai’s methods of fighting counterfeiting: (Business-minded people – claiming for buying fakes – knowing about fakes and buying fakes – corporate anti-counterfeiting, rights protection – voluntary consultation, public interest litigation.)
3. To evaluate Wang Hai’s phenomenon, we can evaluate it from the perspective of its contribution to China’s legal profession (such as using individual lawsuits to make up for my country’s collective lawsuits) and the moral duality of Wang Hai’s behavior.
4. The impact of the Wang Hai phenomenon includes the impact on society and the impact on itself.
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Wang Hai’s backyard caught fire during his crackdown on counterfeiting, and his former partners started a war of words
19:00, May 24, 2004 Beijing Morning Post Comment ()
A few days ago, Wang Hai’s Former partner Xiao Zhizhuo, a former Heilongjiang Daily reporter who co-founded the famous domestic rights protection website "Wang Hai Online" with ***, suddenly expressed his intention to publish a book to disclose the long-standing conflict between Wang Hai and "Wang Hai Online" . At this point, a war of words began to fight against counterfeiting and defend human rights.
Such a quarrel with the same room makes people wonder: What happened between Wang Hai and "Wang Hai Online"? What happened between Wang Hai and the specific operator of the website and current general manager of "Wang Hai Online" Xiao Zhizhuo? What's the contradiction?
The trigger: "Wang Hai Online" was hacked
The company believes that this incident was directed by Wang Hai.
"Wang Hai Online" is a professional rights protection website, originally planned and established by Wang Hai, Xiao Zhizhuo and others. In the past three years, this website has become a relatively mature and successful website among many rights protection websites with professional rights protection guidance and professional rights protection services.
Recently, "Wang Hai Online" issued a statement online saying: Starting from the afternoon of April 1, 2004, Beijing Wang Hai Online Information Co., Ltd. discovered that the website of Wang Hai Online, a subsidiary of the company, originally pointed to The domain name (www.wanghai.com) has been maliciously changed many times to point to the website of Beijing Dahai Business Consulting Co., Ltd. What is very shocking and incredible is that this serious illegal and infringement incident of illegally shutting down the operating website of a legally registered company was actually caused by Wang Hai, one of the shareholders of Beijing Wang Hai Online Information Co., Ltd. and executive director of Beijing Dahai Business Consulting Co., Ltd. It was planned and directed by Mr. On April 2, 2004, "Wang Hai Online" successfully regained the right to use the domain name based on the legal and valid evidence in hand. On April 4, the use of the domain name came into effect, and the Wang Hai Online website was able to see the light of day again.
On April 29, Wang Hai issued a statement on the website of Beijing Dahai Business Consulting Co., Ltd.: Wang Hai Online Company used fraudulent means to obtain my authorization. Wang Hai Online Company did not use my name and domain name. Legal basis. After many negotiations with the other party to no avail, I have entrusted lawyer Hou Yangkun to handle matters such as revoking the relevant authorization and recovering the right to use the domain name. I will take back the right to use the domain name wanghai.com and the Wanghai online website and company name at any time.
Xiao Zhizhuo: The conflict originated from "Xiangwu Shi"
Wang Hai used this incident as an excuse to express his dissatisfaction with "Wang Hai Online".
Xiao Zhizhuo said that when Wang Hai was preparing to establish an Internet company, Wang Hai could not afford the money to set up an Internet company. Later, someone invested and Wang Hai became a shareholder with his personal trademark. According to the "Contract on Cooperation to Establish an Internet Company" signed by both parties, Wang Hai holds 20% of the shares. In June 2001, the complaint department of "Wang Hai Online" was officially established. In August 2001, "Wang Hai Online" successfully completed several wonderful cases: "Why did the "professional anti-counterfeiter" also entrust "Wang Hai Online" to file a claim? ", "Inspiration from Computer Complaint Disputes", "Fake Printing Paper Claims Experience". Finally, "Wang Hai Online" has figured out an exclusive and distinctive business model that provides rights protection services and guidance to the whole society.
Xiao Zhizhuo attributed the cause of the dispute between the two parties to the website's planning of the "Xiangwu Shi" incident. In 2002, CCTV's March 15 party exposed the "fake foreign devil Xiangwushi". "Wang Hai Online" soon received a large number of consumer complaints and e-mails requesting agents to protect their rights.
"Wang Hai Online" jointly launched collective consultation and collective rights protection agency services with lawyers to help consumers seek justice. At the end of March of the same year, "Wang Hai Online" specially established a special topic "Xiangwushi Collective Rights Protection" on the homepage of the website. On April 2 of the same year, the "Xiangwu Shi" collective rights litigation acceptance method and acceptance procedures were posted on the website. On April 3 of the same year, Wang Hai called to express his dissatisfaction and "advice" "Wang Hai Online" not to use other lawyers in the future for events with huge impact and media attention, but to ask him to receive reporters. After that, Wang Hai suggested that "operating the website beyond its scope" violated his "original intention", and the two sides began a war of words.
Xiao Zhizhuo: There is a ghost behind Wang Hai
Wang Hai established a new company and prepared to seize back the "Wang Hai Online" domain name.
Xiao Zhizhuo said that after December 2002, Wang Hai, behind the back of "Wang Hai Online", invested in the wanghai.com domain name that had been priced into shares and authorized "Wang Hai Online" to use and manage it. Quietly transferred from Wanwang to Xinwang, preparing to seize back the wanghai.com domain name that was carefully built by "Wanghai Online" and is increasing in value.
At the same time, the website of Wang Hai’s Dahai Company was established, using the domain name wanghai.net which is very similar to the domain name wanghai.com. Since then, Wang Hai has repeatedly sent "notices" to "Wang Hai Online" to withdraw the use of domain names and names.
Xiao Zhizhuo said that as one of the shareholders, similar operations are not allowed. After the establishment of "Wang Hai Online", Mr. Wang Hai established the website of Dahai Company. His behavior has violated the relevant provisions of the "Company Law" and directly infringed the interests of "Wang Hai Online" and the interests of other shareholders. In addition, although Wang Hai claimed that the domain name belonged to him, he had to go through legal procedures to take back what he had sold. Forcibly taking it back was tantamount to robbery. Moreover, Wang Hai’s claim that he was deceived was an infringement of “Wang Hai Online”. Therefore, if the situation develops without a reasonable solution, they will resort to law.
Wang Hai: "Wang Hai Online" infringement
The investors of this website have not performed the contract, so they have no right to use my name.
Wang Hai expressed different opinions on Xiao Zhizhuo's statement. Wang Hai said that he indeed signed a "Contract for Cooperation in Establishing an Internet Company" with Harbin Zhongtai Company on December 7, 2000. However, it was later found that Zhongtai Company had not fulfilled the contract, so Wang Hai Online Company had no right to use Wanghai Online company name, Wanghai Online website name and wanghai.com domain name.
Wang Hai pointed out that in addition to not actually making the investment, he also found that the business scope that Wang Hai Online Company changed without authorization seriously exceeded the stipulations in the contract. The business scope stipulated in the contract was e-commerce, etc., and the stipulation should not exceed , but the business scope of Wang Hai Online Company has expanded infinitely.
Lawyer Wang Hai: Wang Hai has the right to take back the domain name
I hope the two parties can resolve their grievances through negotiation.
When reporters interviewed Wang Hai yesterday, Wang Hai happened to be out of town and entrusted lawyer Hou Yangkun to accept the interview. Hou Yangkun said that the domain name wanghai.com belongs to Wang Hai and he has the right to take back the domain name. Wang Hai invested in the domain name, and when the investment was made, both parties had an agreement on the scope of use of this intangible asset. Hou Yangkun summarized the reasons for the conflicts between the two parties into two points: First, Wang Hai Online's shareholder transferred the shares without authorization without informing Wang Hai, the shareholder who holds 20% of the shares. Another reason is that the business scope of the domain name exceeds the contract.
Lawyer Hou Yangkun said that Xiao Zhizhuo was on Wang Hai's side when the company was established, but now he has turned against Wang Hai. Wang Hai wanted to take back the domain name, and Xiao Zhizhuo now wanted to destroy it. However, he still hopes that the two parties can negotiate to calm down the conflict that has lasted for two years and finally intensified. He also said that after taking back the domain name, they will also set up free announcements for the other party.
The origin of the background link "Wang Hai Online"
On April 12, 1998, Wang Hai went to Harbin to crack down on counterfeiting. The then "Heilongjiang Daily" reporter Xiao Zhizhuo went to Harbin University that night. The restaurant met Wang Hai. On September 20, 2000, Wang Hai smashed a police station in Nanning and was sent to the local mental hospital for observation and diagnosis by the police. Ms. Xiao flew to Nanning to personally draft the "Mr. Wang Hai's Apology to the People of the Nation", which curbed many negative reports. On November 1, 2002, Xiao Zhizhuo officially went to Beijing to help Wang Hai control and prepare for the establishment of "Wang Hai Online".
(Source: Beijing Morning Post)
Wang Hai’s crackdown on counterfeiting has made consumption laws deeply rooted in the hearts of the people
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Publication date: September 19, 2006 Source: Court News Author: Tang Tao Editor entry: xucan
“Operators who engage in fraudulent behavior must "Double compensation". Before 1995, this right for consumers was probably only advocated by a few people who were well versed in the law. Just this year, the claims incident caused by a person named Wang Hai made more people aware of the Consumer Rights Protection Law, which had been implemented for more than a year, and firmly remembered the provisions of the Consumer Rights Protection Law. 49 punitive provisions.
On November 24, 1995, Seth Club on Jianguomenwai Street in Beijing.
The logo "Stop fraud and implement double compensation symposium" is particularly eye-catching. The organizers of the symposium were the China Consumers Association and China Consumer News. In addition to some businessmen in Beijing, leaders from authoritative departments such as the State Administration for Industry and Commerce, the State Administration of Technical Supervision, and the Legal Affairs Committee of the National People's Congress attended the meeting. The central topic of the meeting was to discuss Wang Hai, who recently became famous for "knowing about fakes and buying fakes" in Beijing, and to discuss the popularization of my country's consumer rights protection law.
On this day, Wang Hai, a young man from Shandong, had an unexpected gain: after the meeting, his unique anti-counterfeiting behavior and the social impact it produced were called "Wang Hai Phenomenon" by the participants.
After 11 years, the "Wang Hai phenomenon" is no longer eye-catching, but the name Wang Hai is firmly embedded in the list of "vanguards for popularizing consumer law".
Who will pay for the 12 pairs of fake headphones?
At the beginning of 1995, Wang Hai, who was accompanying someone to Beijing to take the exam, met "Xifa" by chance in a bookstore.
After buying it home and flipping through a few pages, Wang Hai’s eyes were firmly fixed on Article 49: “If an operator commits fraud in providing goods or services, the compensation shall be increased according to the requirements of the consumer. The amount of compensation for the loss will be doubled as the price of the goods or services received by the consumer." Wang Hai, who is full of personality, became interested in this provision.
On March 25, Wang Hai came to Beijing Longfu Building with the idea of ????"giving it a try". In the telecommunications mall on the second floor, Wang Hai stared at a Japanese Sony headset priced at 85 yuan a pair. Wang Hai, who was careful, discovered that the name of another Japanese company was printed on the packaging of this Sony headset. He suspected it was a fake. Wang Hai, who was hesitant at first, finally dug into his pocket and bought two pairs of headphones for 170 yuan.
It is easy to buy fake headphones, but even more difficult to return them. Wang Hai's first stop was the Beijing Dongcheng District Consumers Association, but his search failed. Staff from the Beijing Consumers Association told Wang Hai on the phone that to deal with the problem, the product should first be sent to the Technical Supervision Bureau for identification.
The answer Wang Hai received from the Technical Supervision Bureau was that the authenticity of the headphones should be sent to Sony for identification.
Sony's office in Beijing confirmed that the headphones were fake, but said that to obtain written certification from the office, the court or the industrial and commercial authorities would need to intervene. This disappointed Wang Hai. After thinking about it, he decided to buy 10 more pairs of headphones and go to the Industrial and Commercial Bureau to "fight" again.
The Dongcheng District Industrial and Commercial Bureau, which received 12 pairs of headphones, approached Wang Hai a month later: the claim was a civil dispute, and the Industrial and Commercial Bureau had no right to interfere and could only mediate.
Longfu Building stated that the last 10 pairs of headphones were "knowing the fakes and buying fakes" and they would only be refunded without compensation.
The controversy over "knowing to buy fakes"
The civil law has three elements for the concept of "fraud", one is subjective intention, the other is committing a fraudulent act, and the third is causing harm to others erroneous judgment.
Reminiscent of his own experience of being denied a claim, Wang Hai came to the conclusion that the main reason for the failure of the claim was poor planning, which made it look like someone knew a fake and bought a fake. Since it is knowing a fake and buying a fake, there is no such thing as causing a wrong judgment. It makes sense for the merchant not to compensate for the 10 pairs of headphones purchased the second time.
However, when he took a closer look at the "consumers have the right to supervise" stipulated in Articles 6 and 9 of the Consumer Law, new confusion emerged: one of the ways to exercise the right to supervise is to report , if consumers don’t buy fake and shoddy goods, how can they report it?
After thinking deeply, Wang Hai wrote to China Consumer News to reflect on his experience of being denied a claim.
On August 4, 1995, "China Consumer News" published a headline on the first page titled "Difficult people?" Smart consumer? 》, a special discussion was held on Wang Hai’s claim.
After the manuscript was published, it caused a strong response in the society. He Shan, a civil law expert who was an inspector of the Legal Affairs Committee of the National People's Congress and one of the drafters of the Consumer Law, made it clear that setting up a double compensation clause would allow consumers to make a fortune by buying fake goods. Longfu Building has no right to control the purpose for which consumers pay for goods. First of all, shopping malls cannot sell fake goods.
Liang Huixing, director of the Civil Law Office of the Law Institute of the Chinese Academy of Social Sciences at the time, believed that before consumers purchased 10 pairs of headphones at Longfu Building for the second time, they already knew that this model of headphones was fake and did not Falling into error of judgment, Longfu Building does not constitute fraud. If Longfu Building is allowed to double its compensation, consumers will gain undue benefits.
The debate between the pros and cons began and remains unresolved to this day.
On December 5, after eight months of delay, Beijing Longfu Building agreed to double compensation for 10 pairs of counterfeit headphones. At the same time, Longfu Building has decided that starting from the beginning of December, any customer who purchases counterfeit goods will be given double compensation and a reward of 100 yuan in accordance with the consumer law after confirmation by the relevant departments.
Wang Hai won.
The "Wang Hai Phenomenon" became popular throughout China. In the same year, due to the Wang Hai incident, the China Consumer Protection Foundation established the "Consumer Anti-Counterfeiting Award". On December 15, 1995, the foundation held a press conference. At the meeting, Wang Hai not only received a bonus of 5,000 yuan, but also won the reputation of "China's number one anti-counterfeiting person."
Has the fight against counterfeiting gone astray?
□ Tang Tao
What should be admitted is that the market economy gave birth to Wang Hai; Wang Hai gave birth to the public’s awareness of anti-counterfeiting. It is undeniable that the irregular market economy has led to the "Wang Hai phenomenon"; the "Wang Hai phenomenon" has led to the "post-Wang Hai phenomenon" in which groups and individuals specialize in "operational anti-counterfeiting".
Today, the ugly phenomenon of "counterfeiting and selling" is still everywhere: clothes that cannot be worn, food that cannot be eaten, houses that cannot be lived in, and fake and shoddy goods exist in almost every field. When terms like "fake but inferior" appear, it is clear to what extent our requirements for product quality have receded. In this situation, we are grateful to Wang Hai and to the power of example brought by the resistance of a weak enemy to a strong one. Most of us have been silent about fakes on the excuses of "fear of trouble", "too lazy to fight", "not worth it", etc.
After 1995, we remembered the name Wang Hai, and therefore firmly remembered Article 49 of the Consumer Protection Law. It is rare for a law to attract such attention in society.
With the deepening of the crackdown on counterfeiting, Wang Hai established his own company in Beijing. The company's business naturally focuses on combating counterfeiting and safeguarding rights. There was a time when anti-counterfeiting was closely linked to the word Wang Hai, while departments such as industry and commerce and technical supervision retreated into the background. After Wang Hai, similar groups specializing in combating counterfeiting sprung up. The hotly debated topic in the public opinion circle is whether "anti-counterfeiting for a living" complies with legal and ethical standards. More than ten years later, the previous suspicions seem to have been confirmed one by one: Wang Hai is suspected of cooperating with counterfeiting companies, Wang Hai went crazy in Guangxi , Wang Hai advocates the industrialization of anti-counterfeiting... A series of news all point to this unique "seven inches" of anti-counterfeiting. Are the motivations and results of the anti-counterfeiting behavior that are permeated with more profit factors still within the scope of pure rights protection? What role does this play in improving the trust crisis in society as a whole?
Success is also Wang Hai, and failure is Wang Hai. Of course, Wang Hai is not entirely at fault. When we review the ten years of anti-counterfeiting, we have reason to believe that the fight against counterfeiting should not have started with Wang Hai, nor should it end with Wang Hai. The fundamental solution is to coordinate the forces of all parties, improve the system, enforce the law and the will of the people.
In 2005, Wang Hai set off an "anti-counterfeiting storm" in Xi'an, claiming that Yang Kui, general manager of Xi'an Lifan, was the first person in the country to commit counterfeiting of construction machinery. On April 6 of that year, Yang Kui took him to court and demanded that Wang Hai compensate for economic losses of 50,000 yuan. The picture shows Wang Hai leaving the court after the case was heard. Zhao Bin/CFP