Abstract
Since the news of Wang Hais 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 Chinas 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.
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