When Wang Hai, a tall man, appeared in front of Chengdu Business Daily reporters, he would not attract much attention. He didn’t wear his trademark sunglasses, the personal logo that has been with him in his anti-counterfeiting career for the past 21 years. But when it comes to taking pictures, the black sunglasses appear on his face in a blink of an eye.
The man who used to wear the hat of "fake hero" is now 43 years old. With the promulgation of the new Consumer Protection Law and the improvement of a series of relevant laws and regulations, it is easier for consumers to protect their rights. Today’s Wang Hai seems to be inferior to the "fake idol" who has been shouting and fighting all the time. With only 100,000 fans in Weibo, he is not even "online celebrity", although his personal introduction is still "the first person to fight counterfeiting".
However, with the emergence of more and more professional counterfeiters, consumer rights protection has entered a normalization, and Wang Hai is only one of many professional counterfeiters.
When online shopping has become an important way of consumption, professional counterfeiters have begun to specialize in e-commerce. Liu Yanqing sued more than 30 cases in half a month, all of which were related to online shopping. He said that after he picked out the thorns, the operators would definitely improve, which was a thunder for future consumers.
Professional counterfeiters have gone through 21 years from barbaric growth to rational rights protection. Nowadays, they prefer to be called builders. "Promote the improvement of relevant laws and claim compensation within the legal bottom line."
Wang hai
"My personal pursuit is to be a builder"
"This year, I don’t rule out playing net red and playing Wechat business."
Wang Hai, who owns four business investigation companies, currently has more than 30 employees, mostly lawyers and investigation managers. Last year, more than 500 cases were handled, with an amount of more than 10 million. The company is mainly engaged in three kinds of businesses to help consumers defend their rights and fight counterfeiting; Knowing and buying fakes; Employed by enterprises, counterfeiting for enterprises. The third is the focus of his business.
Compared with before, Wang Hai’s exposure has decreased, but his cooperation with government departments has increased, more than 400 times a year. He has become more gentle, not always "pinching". In his own words, it is called "rational blood".
"My personal pursuit is to be a builder. Solve the problem constructively. " What Wang Hai hasn’t changed is the clarity of thinking and the endless desire to express. He said that he expected to promote consumers’ awareness of rights protection and the integrity of China people, so as to advance the law.
Nowadays, compared with the endless stream of "online celebrity", Wang Hai is not a name with internet popularity anytime and anywhere. He sent a Weibo, and there were often only a few or dozens of comments and reposts. "There is no deliberate management, and I don’t want to be too conspicuous. Being online celebrity is not the goal."
Wang Hai is dismissive of today’s "online celebrity economy". He mentioned that many online celebrity stores sell all kinds of cosmetics and clothing, but many of them are refurbished by stalls, and there are quite a few inferior products. "This year, we will not rule out playing online red and playing Wechat business."
What Wang Hai is pondering now is how to promote the establishment of the Whistleblower Act (whistleblower sharing fines) in China. He said that he had previously reported Nike, and the maximum bonus given by the government department was 100,000 yuan. And if the Whistleblower Act can be established, 30% to 50% of the fines imposed on enterprises will be distributed to whistleblowers, which will give every insider, even corporate executives, the incentive to become a voluntary supervisor.
Another goal of Wang Hai is to promote consumer organizations that can play games. He gave this organization, which is still spinning in his mind, a grounded name "Children’s Mothers Association". Wang Hai said that the "Children’s Mothers Association" can set up a laboratory to test all kinds of goods at any time; Detectives can be sent to investigate the production of each enterprise and test reports can be issued. The price violence of foreign milk powder will not happen, and it can also fight against the format contract with overlord clause. "If the child’s mother is associated with 1 million people, pricing consumers can participate."
Liu Yanqing
From shopping malls to online shopping.
You can easily take screenshots to collect evidence without leaving home.
Liu Yanqing, who has 15 years of experience in counterfeiting, is a native of Beijing. His office is hidden in a two-bedroom apartment in an old residential area near the Apple Orchard in Beijing. His company has only five or six employees at present. The main business, of course, is counterfeiting. Last year, after deducting employee salaries and various costs, Liu Yanqing’s net income from counterfeiting was around 800,000.
"85% of my cases now are e-commerce counterfeiting." Liu Yanqing, who once beat more than 50 large shopping malls in Beijing at least once, is now dying with e-commerce companies more often. The first e-commerce anti-counterfeiting took place in 2013. He bought cosmetics of a well-known brand for 4,000 yuan online and sent them to the headquarters of the brand in China for testing, and came to the conclusion that the outer packaging did not match the genuine product. Finally, under the mediation of the court, after six months, he got 4000 yuan compensation.
Study various judicial interpretations
According to Liu Yanqing’s cost performance ratio, the first experience of "online counterfeiting" was not a "good business" during his counterfeiting career. But this stubborn Beijing man feels that the other party’s attitude of downplaying only "regulatory mistakes" has hurt himself. He began to switch from shopping malls to online shopping.
In the past more than half a month, Liu Yanqing has claimed more than 30 cases from various e-commerce websites. Liu Yanqing has her own understanding of the reason why she moved from a physical store to an e-commerce. He said that although online shopping is more difficult than physical stores, for example, it can’t communicate directly with the supervisor, but it can only communicate by phone, and it is easy to be refused compensation. However, compared with physical stores, online shopping can crack down on fakes without leaving home, and it is easy to obtain evidence and screen shots. The evidence of screen shots is notarized and preserved, which is very convincing in evidence and the proportion of successful claims will be higher.
Liu Yanqing, who just graduated from junior high school, studied laws including the Consumer Protection Law and various related judicial interpretations of the Supreme Court. In order to crack down on jewelry, he specially studied jewelry appraisal and was familiar with relevant industry standards. This made him practice a pair of critical eyes, and when he searched online, he knew which goods had false propaganda or other certain problems even in the description.
On February 26th, Liu Yanqing bought a bracelet marked "Baltic amber beeswax" in JD.COM shopping mall, and the price was 1799 yuan, while the original price was 17990 yuan, equivalent to 10% discount. It took only four days for Liu Yanqing to buy the goods, file a claim, return the goods, return the payment, and get the compensation of 2500 yuan.
Liu Yanqing took out a set of national standards for jewelry and the notice of the National Development and Reform Commission on the interpretation of the relevant provisions of the Provisions on Prohibiting Price Fraud. These two documents are the basis for his quick claim. He said that on the online shopping page of this bracelet, the place of origin is obviously the mainland, but the name is marked with the Baltic Sea, which is suspected of falsely marking the place of origin. This bracelet was put on the shelves on February 24, and the original price was marked with more than 10,000 yuan. There must be a transaction record of the original price sales, otherwise it is a virtual standard price.
I used to watch Wang Hai fake on TV.
Because of the revision of the Civil Procedure Law in 2014, it is stipulated that online shopping disputes can be prosecuted in the court where the goods are received, which makes Liu Yanqing’s e-commerce anti-counterfeiting cause more good news. He laughed and said that he could sue the e-commerce operators who he thought had problems all over the country in the Shijingshan court at his doorstep.
Liu Yanqing’s e-commerce anti-counterfeiting process has been completely streamlined. He will give employees standardized training in food, clothing, jewelry and other commodities in advance, and then let employees find out the products that describe problems, and then he will screen them himself and place an order after confirming that they are correct. "A dozen are accurate."
However, the name Liu Yanqing is not a popular name for many online shopping platforms. His Amazon account was cancelled for "violating online trading rules". Or, the operator will tell him that the goods are out of stock and let him choose to return them. "I entered the blacklist of e-commerce, but it doesn’t matter. I can also register many other accounts. There are more than a dozen."
Liu Yanqing, who has driven a taxi, opened a canteen and sold mutton kebabs, once watched Wang Hai’s counterfeiting on TV. After stepping into the business of professional counterfeiters, I found that this industry with a little personal heroism brought him unprecedented self-confidence.
He was once "threatened" by the store to report his extortion. But Liu Yanqing, who is a little "mixed", responded like this: "If I knock, I knock internally according to the law, and I don’t do it if I don’t do it."
Feng zhibo
"Almost all the claims were won last year."
"I hope that fakes can be bought less and less."
Feng Zhibo, a Wuhan native who started counterfeiting in 1997, now lives in Guangzhou. He has two identities, one is a professional counterfeiter and the other is a clothing operator. He said that it is precisely because he is counterfeiting and knows the cost of illegal business that he will be more cautious when doing clothing business.
In 2013, there was a provision in the Supreme Law on several issues concerning the application of law in the trial of food and drug disputes. If there was a dispute over the quality of food and drugs, the buyer claimed the rights from the producers and sellers, and the producers and sellers made a defense on the grounds that the buyer knew that there were quality problems in the food and drugs but still bought them, the people’s court would not support it. This means that even if you buy a fake knowing it, it will not affect the claim.
Last year, Feng Zhibo focused on food counterfeiting. For a whole year, he has been arguing with ordinary food with cod liver oil, suing for compensation, and probably got millions of compensation. "Professionals buy problematic goods, so less will be left in the hands of consumers. From this perspective, it is good for the market. I hope that fakes can be bought less and less."
Last year, Feng Zhibo, who likes to be more serious, won almost all the claims. The only case that lost in the first instance was changed in the second instance, and Feng Zhibo, who got the verdict, was somewhat gratified, which meant his 100% winning rate. He believes that this is a more perfect law to protect his legitimate rights and interests.
Say/method
A professional counterfeiter in the eyes of a lawyer;
Counterfeiting is conducive to market regulation.
Qiu Baochang, head of the lawyers’ group of China Consumers Association, told Chengdu Business Daily that personally, professional counterfeiters should not kidnap them with morality as long as they have not violated the law. The existence of professional counterfeiters is beneficial to market purification, to the interests of consumers, to the protection of legitimate enterprises and to market regulation.
