On the Denial of Consumer Identity and Protection of People Who Knowingly Buy Fake Products <br/>—Taking Chinese Market as an Example

Abstract

All organizations and individuals that purchase counterfeit products ought to be protected by the law. However, the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests (referred to as “the new Consumer Law”) is not applicable to all of them. Each law has its scope of application, and all legal norms and terms have specific connotation and extension for which arbitrary interpretation is not allowed. Currently, how to identify a person who knowingly buys fake products is usually determined based on whether the purchase is made “for the needs of daily consumption”. The paper applies case study and comparative analysis methods to analyze the legislative purpose of the New Consumer Law, the practical dilemma of the primary criterion to identify the purpose of buying fake products, and the position change of these people throughout the revision of the Consumer Law, aiming to argue that whether a “knowingly-buy-fake” consumer is protected by the New Consumer Law should be determined by whether the buyer is in a disadvantaged position compared to the business operators. The consumer identity should be denied, nevertheless the legitimate rights and interests of them, as civil subjects, shall still be effectively protected by relevant laws.