Criminal Law Regulation of Professional Anti-counterfeiting Activities

Abstract

Professional anti-counterfeiting is a unique phenomenon in China, which has triggered controversy over whether the professional anti-counterfeiting group has the right to fight counterfeiting. The government’s attitude towards the professional anti-counterfeiting has shifted from being supportive to disapproval. Reinterpreting the meaning of ‘consumer’ can provide a satisfactory resolution to the rights of professional anti-counterfeiting. The ‘right to combat counterfeiting’ cannot exceed its proper boundaries, and illegal anti-counterfeiting activities should be regulated by law. Also, acts that seriously infringe upon the legal interests of others should be regulated by criminal law.