Speaking of anti-counterfeiting, most people may remember the former "anti-counterfeiting fighter", but in fact, the targets of anti-counterfeiting are generally famous professors, researchers, administrative leaders and celebrities from all walks of life in China's national scientific research departments and universities.
Today we are going to talk about another kind of professional counterfeiter. Their target is generally some merchants who manufacture and sell fake goods. For them, counterfeiting has become their own rice bowl.
Professional counterfeiters were first beaten by shopkeepers and then by police chiefs.
According to the report of Anhui Business Daily in March 16, from March 6 to 8, Mr. Shi, a professional counterfeiter in Bengbu City, bought expired "Shuanghui" ham sausage and other foods in Huayun Supermarket in Dongliuji Town, Wuhe County for nine times, and then claimed more than 9,000 yuan from the supermarket. But on March 9, Mr. Shi had a dispute with the operator in the supermarket. According to him, he was not only beaten, but also a mobile phone was taken away by the other party. Mr. Shi then alerted the local police station. However, at the police station, Mr. Shi was beaten by the police chief and a policeman.
According to him, he found in Huayun Supermarket in Dongliuji Town that the "Shuanghui" ham sausage sold in the supermarket was partially expired. So, from March 6 to 8, I bought "Shuanghui" gourmet sausages and other commodities for 9 consecutive times.
Subsequently, Mr. Shi reported to the market supervision and management office of Dongliuji Town, claiming more than 9,000 yuan.
On March 9, Mr. Shi received a phone call, and the other party asked him to come to the supermarket for consultation. After arriving at the supermarket, there was a dispute between the two sides.
Mr. Shi said that he was beaten by three men in the conflict and a mobile phone was taken away. Several scars appeared on the neck, the nose was bruised and the right pocket of the coat was torn.
On the same day, around 15: 30, the police station in Dongliuji Town went out and took the two sides back to the police station. At the police station, Mr. Shi repeatedly asked the supermarket to return the mobile phone. The supermarket thinks Mr. Shi is blackmailing.
After the police understood the situation, Mr. Shi asked the name of the police and didn't get a response, so Mr. Shi called the alarm number on the other party's uniform. "Maybe this sentence stimulated him (referring to the director)." Mr. Shi said that the director and another policeman, Li, beat him. "He grabbed me by the collar, pulled me into the office, sat in a chair, pressed my head, hit my knee and hit me with his fist."
What kind of occupation is a professional counterfeiter? A list still earns 4 million.
Starting from 1995, Wang Hai, a native of Shandong Province, started the road of professional anti-counterfeiting in China, becoming the symbol of "the first anti-counterfeiting person" and "anti-counterfeiting" in China.
General professional counterfeiters often use four methods in the process of counterfeiting:
Means 1: claim from the supermarket, and the manufacturer will pay for it.
Professional counterfeiter Zhou bought several barrels of edible (plant) blended oil of a certain brand in a supermarket chain in Shenyang. After the purchase, the professional counterfeiter did not return it to the supermarket, but filed a civil lawsuit with the local court, asking the court (1) to order the supermarket to refund the payment for the products it purchased; (2) Ordering the supermarket to compensate for the payment 10 times; (3) The supermarket shall bear the legal costs.
In this case, the professional counterfeiters did not look for the manufacturer of edible oil, but sought compensation from the supermarket, which was the result of careful selection.
For food enterprises, supermarkets are one of the most important circulation channels. Without supermarkets, it is almost impossible for edible oil enterprises to successfully establish themselves in the market. Supermarkets and manufacturers are close stakeholders, and they also have to deal with professional counterfeiters. The negotiation ability and professional ability of supermarkets are generally weaker than those of manufacturers. Choosing a supermarket to sue for compensation is precisely "attacking it unprepared and saving it from death."
Method 2: Choose the blind area of laws and regulations and fight fatigue with manufacturers.
Zhang, a professional counterfeiter, bought more than 90 bottles of edible (plant) blended oil of a certain brand in a supermarket, and reported directly to the local food and drug supervision department after the purchase: he thought that the edible blended oil did not indicate the added amount of each component in the finished product, which was a product that did not meet the food safety standards, and asked the supermarket to compensate for its payment and related expenses 10 times.
Means 3: Pick words and ask for "huge" compensation.
Liu bought a bucket of a certain brand of edible oil in the supermarket, and then complained to the local quality supervision department that the edible oil was marked with "saturated fatty acid" in the column of "nutrient composition table" on the outer packaging label, but not with "nutritional reference value", which violated relevant laws and regulations. It is required to investigate and deal with unqualified products according to law, order the products of the enterprises complained and reported to stop selling, and reward the complainants; Ordering the complained and reported enterprise to return the payment of 49.50 yuan according to law, and compensating 10 times 495.00 yuan according to law; The respondent was ordered to compensate the applicant for transportation expenses, printing expenses, lost time and mental damages, totaling * * * 12365 yuan.
Means 4: Is it more unfair to catch the negligence of the manufacturer than Dou E?
A professional counterfeiter reported that a brand of edible oil sold in a supermarket in Beijing was not marked with quality grade, which was a unqualified product. Supermarkets and manufacturers have repeatedly communicated with a competent department in Beijing and told them that they are implementing enterprise standards. Because the quality indicators in enterprise standards are stricter than the requirements of national standards, product quality classification has not been implemented in the text of enterprise standards.
Is counterfeiting illegal?
In the eyes of judicial workers, how to judge professional counterfeiting? Jin Xin, a judge of Nanjing Liuhe District Court, used a word called "love-hate dilemma". He also said that the law enforcement is very poor now, and he hopes that professional counterfeiters can make up for the lack of law enforcement, but this has subverted a normal value after all. Value orientation is not entirely about improving product quality and service quality, but often focuses on things that make him get more compensation.
According to the data of Beijing No.2 Intermediate People's Court, in 20 15 years, more than 80% lawsuits in the field of food safety disputes were filed by professional counterfeiters. Li Xiaobo, a judge of the court, believes that "professional counterfeiters" claim multiple compensation according to the law and should be supported by the law. In the field of food safety, illegal costs are low and rights protection costs are high. The existence of professional counterfeiters has indeed played a certain role in purifying the market and urging producers and operators to operate according to law.
At the beginning of 20 14, the Supreme People's Court issued a judicial interpretation, in which it was clear that if there was a food and drug quality dispute, the court would not support it if the producer or seller made a defense on the grounds of "knowing the fake and buying the fake". Although the judicial interpretation uses "buyer" instead of "consumer", and the application scope of this rule is limited to the food and drug field. But this is still a "good news" for professional counterfeiters.
Mr. Wang, a professional counterfeiter in Qingdao, believes that this industry is controversial because it hurts some unscrupulous businesses, and this kind of injury is legal, at least not illegal. It is not the people in this industry, but two aspects: whether the merchants operate in good faith and whether the functional departments are responsible for supervision. If these two aspects are achieved, this industry will not exist at all.
Controversy belongs to controversy, and the team of professional counterfeiting is still growing. Mr. Wang is an early professional counterfeiter in Qingdao. He said that this group is now on a small scale in Qingdao. There may not be 10 people in 2002. Now there are dozens of people who know their names, and I'm afraid there are hundreds he doesn't know. In fact, most of this industry is done by individuals themselves.