The case of Wang Hai's counterfeiting can be considered from the following points: 1, the background of counterfeiting, including the social atmosphere of selling fakes and punitive damages in China's Consumer Law. 2. Wang Hai's anti-counterfeiting methods: (busybody-buying fake claims-knowing fake and buying fake-enterprise anti-counterfeiting, rights protection-voluntary consultation, public interest litigation. 3. Evaluating Wang Hai's phenomenon can evaluate Wang Hai's contribution to the legal profession in China (for example, making up the class action lawsuit in China with individual lawsuit) and Wang Hai's moral duality. 4. The influence of Wang Hai phenomenon, including the influence on society and its own influence. -The following is the related search, I hope it will be useful to you: Wang Hai's former partner May 24, 2004 19:00 Beijing Morning Post Comments () Recently, Wang Hai's former partner, * *. At this point, a war of words about counterfeiting and safeguarding rights began. After such an altercation, people can't help asking: What happened between Wang Hai and Wang Hai Online, and what is the contradiction between Wang Hai and the specific website operator and the current general manager of Wang Hai Online? Fuse: "Wang Hai Online" was thought by the black company to be directed by Wang Hai. "Wang Hai Online" is a professional website for rights protection, originally founded by Wang Hai and Xiao. In the past three years, this website has become a 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 on the Internet saying that since the afternoon of April 1 2004, Beijing Wang Hai Online Information Co., Ltd. found that the domain name (www.wanghai.com) originally pointing to Wang Hai's online website had been maliciously changed to point to the website of Beijing Dahai Business Consulting Co., Ltd. for many times. It is very shocking and incredible that this serious illegal infringement incident of illegally closing the business website of a legally registered company was actually planned and directed by Mr. Wang Hai, one of the shareholders of Beijing Wanghai Online Information Co., Ltd. and the executive director of Beijing Dahai Business Consulting Co., Ltd. On April 2, 2004, "Wanghai Online" successfully regained the right to use the domain name with legal and valid evidence in its hands. On April 4th, the use of the domain name came into effect, and Wang Hai's online website was rediscovered. On April 29th, Wang Hai issued a statement on the website of Beijing Dahai Business Consulting Co., Ltd., saying that Wang Hai Online Company defrauded my authorization by fraudulent means, and there was no legal basis for Wang Hai Online Company to use my name and domain name. After many unsuccessful negotiations with the other party, I have entrusted lawyer Hou to revoke the relevant authorization and recover the right to use the domain name. I will take back the right to use wanghai.com domain name and Wang Hai's online website and company name at any time. Zhuo Zhi Jr.: The origin of contradiction is "no potential". On this ground, Wang Hai expressed dissatisfaction with "Wang Hai Online". Novel, at that time, when preparing to set up an internet company, Wang Hai himself was unable to set up an internet company. Later, someone invested, and Wang Hai became a shareholder with a personal trademark. As confirmed in the Contract for Cooperative Establishment of Network Companies signed by both parties, Wang Hai holds 20% of the shares. In June of 20001year, the complaint department of "Wang Hai Online" was formally established. In August of 20001year, "Wang Hai Online" successfully completed several wonderful cases: "Why did professional counterfeiters entrust" Wang Hai Online "to claim compensation?" "Enlightenment from computer complaints and disputes" and "Claim experience of counterfeit printing paper". Finally, "Wang Hai Online" explored an exclusive and distinctive business model that provides rights protection services and rights protection guidance for the whole society. George W. Zhuo Zhi blamed the dispute between the two sides on the website's "Xiangwu Stone" incident. In 2002, CCTV's 3. 15 party exposed "Fake foreign devils to our teacher", and "Wang Hai Online" soon received a large number of consumer complaints and emails asking for agency rights protection. "Wang Hai Online" and lawyers jointly launched the agency service of collective consultation and collective rights protection to help consumers seek justice. At the end of March of the same year, "Wang Hai Online" specially set up the topic of "Collective Rights Protection to Wu" on the homepage of the website. On April 2 of the same year, the acceptance methods and procedures of the collective rights protection lawsuit of Xiangwushi came up. On April 3 of the same year, Wang Hai called to express his dissatisfaction. After "Suggestions" and "Wang Hai Online", do not look for other lawyers for such events with great influence and high media attention, and let him receive reporters. Since then, Wang Hai put forward that "the website is beyond the scope of operation" violated his "original intention", and the two sides launched a war of words. Little Zhuo Zhi: There is a ghost behind Wang Hai. Wang Hai has set up another company to take back the domain name of "Wang Hai Online". Nicknamed, after 65438+ in February, 2002, Wang Hai and Wang Hai Online quietly transferred the domain name that had been invested at a fixed price and authorized to be used and managed by Wang Hai Online to the new network, in order to get back the domain name that Wang Hai Online had carefully created and appreciated. At the same time, the website of Wang Hai's Dahai Company was established, using the domain name of wanghai.net, which is very similar to that of wanghai.com. Since then, Wang Hai has repeatedly issued a "notice" to "Wang Hai Online" to withdraw the domain name and name use. Fiction, as one of the shareholders, must not have similar operations. After the establishment of "Wang Hai Online", Mr. Wang Hai set up the website of Dahai Company, which has violated the relevant provisions of the Company Law and directly infringed on the interests of "Wang Hai Online" and other shareholders. In addition, although Wang Hai claimed that the domain name belonged to him, he had to go through legal procedures to get back what he had sold. Forcing him back is tantamount to robbing him. Moreover, Wang Hai claimed that being cheated was an infringement of "Wang Hai Online". Therefore, if things can't be solved reasonably, they will resort to law. Wang Hai: "Wang Hai Online" infringes that the investor of this website has not fulfilled the contract and has no right to use my name. Wang Hai expressed different opinions about the small statement. Wang Hai said that he did sign the Contract for Cooperative Network Company with Harbin Zhongtai Company on February 7, 2000, but it was later found that Zhongtai Company failed to perform the contract, so Wang Hai Online Company had no right to use the name of Wang Hai Online Company, the name of Wang Hai Online Website and the domain name of wanghai.com. Wang Hai pointed out that in addition to no actual investment, he also found that the business scope changed by Wang Hai Online Company without authorization seriously exceeded the contract. The business scope agreed in the contract is e-commerce, which cannot exceed the agreement, but the business scope of Wang Hai Online Company has been infinitely expanded. Lawyer Wang Hai: Wang Hai has the right to take back the domain name, and hopes that both parties to the conflict can resolve their grievances through consultation. When the reporter interviewed Wang Hai yesterday, Wang Hai happened to be in the field, so he entrusted a lawyer to be interviewed by the reporter. The latter domain name belongs to Wang Hai, and he has the right to take it back. Wang Hai invested in the domain name. At that time, both parties agreed on the scope of use of the intangible assets. Hou summed up the reasons for the conflict between the two parties as two points: First, the shareholders of Wang Hai Online transferred their shares without telling Wang Hai, the shareholder who holds 20% of the shares. Another reason is that the business scope of domain name is beyond the contract. Lawyer Hou said that when the company was founded, Xiao was on Wang Hai's side, but now he turned against Wang Hai. Wang Hai wants the domain name back, and Zhuo Zhi wants to destroy it now. However, he still hopes that the two sides can negotiate to calm the growing contradictions in the past two years, and said that after recovering the domain name, they will set up a free announcement for each other. The origin of background link "Wang Hai Online"1998 April 12, Wang Hai went to Harbin to fight counterfeiting. At that time, the reporter of Heilongjiang Daily met Wang Hai in Harbin Hotel that night. On September 20, 2000, Wang Hai smashed a police station in Nanning and was sent to a local mental hospital for observation and diagnosis. Ms. Xiao flew to Nanning to personally draft "Mr. Wang Hai apologizes to the people of the whole country", which curbed many negative reports. On June, 2002 1 65438+1October1,Xiao officially went to Beijing to help Wang Hai check the gate and build "Wang Hai Online". (Source: Beijing Morning Post) Wang Hai's "Anti-counterfeiting Law" has been deeply rooted in people's hearts. .................................................................................................................................................. n "Operators should be defrauded in double indemnity". Before 1995, I'm afraid only a few people who know the law will claim this right for consumers. This year, a claim incident caused by a person named Wang Hai made more people wake up from a dream to know the Consumer Protection Law, which has been implemented for more than a year, and firmly remember the punitive provisions of Article 49. 1995165438+1October 24th, Saite Club, Jianguomenwai Street, Beijing. The emblem of "Stop Fraud and Implement double indemnity Symposium" is particularly eye-catching. The organizers of the symposium are China Consumers Association and China Consumer Newspaper. In addition to some businessmen in Beijing, there are also leaders of authoritative departments such as the State Administration for Industry and Commerce, the State Bureau of Technical Supervision, and the NPC Political and Legal Committee. The central topic of the meeting was to discuss Wang Hai, who was famous for "knowing and buying fakes" in Beijing not long ago, so as to discuss the popularization of China's consumer protection law. On this day, Shandong young man Wang Hai had an unexpected harvest: after the meeting, his distinctive anti-counterfeiting behavior and social influence were called "Wang Hai phenomenon" by the participants. 1 1 years later, the "Wang Hai phenomenon" is no longer noticeable, but the name Wang Hai is firmly embedded in the list of "pioneers in popularizing consumer law". 12 who will pay for the fake headphones? At the beginning of 1995, Wang Hai, who accompanied someone to Beijing for an exam, came across "Jiefa" in the bookstore. After buying it home and turning over a few pages, Wang Hai's eyes are firmly locked in Article 49: "If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be twice the price of the goods purchased by consumers or the cost of receiving services." Wang Hai, full of personality, became interested in this regulation. On March 25th, Wang Hai came to Beijing Long Fu Building with the idea of "try it". In the telecom shopping mall on the second floor, Wang Hai pegged a Japanese Sony headset with a price tag of 85 yuan. Careful Wang Hai found that the name of another Japanese company was printed on the package of this Sony headset. He suspected that it was a fake. Wang Hai, who hesitated at first, finally took out his wallet and spent 170 yuan to buy two pairs of headphones. It is easy to buy fake headphones, but it is more difficult to return them. Wang Hai's first stop was the Consumer Association in Dongcheng District, Beijing, but his search was unsuccessful. The staff of Beijing Consumers Association told Wang Hai on the phone that they should send the goods to the Technical Supervision Bureau for identification before looking for the Consumers Association. Wang Hai's reply from the Technical Supervision Bureau is that the authenticity of headphones should be sent to Sony for identification. Sony's Beijing office confirmed that the headphones were fake, but said that in order to get the written certificate from the office, the court or the industrial and commercial department needed to intervene. This made Wang Hai very disappointed. After careful consideration, he decided to buy another pair of 10 headphones and go to the industrial and commercial bureau to "spell" it again. Dongcheng District Industrial and Commercial Bureau, which received 12 headphones, found Wang Hai one month later: the claim is a civil dispute, and the industrial and commercial bureau has no right to interfere and can only mediate.