Reseaich On The Application Of Punitive Damages For "Knowing Fake And Buying Fake"

Whether to apply punitive damages to those who “know the fakes and buy fakes” has always been the focus of debate between the theoretical and judicial circles.The literal interpretation of legal provisions has not yet been able to get a definite answer.Starting from the norm,discuss the infringing nature of sales fraud,and then demonstrate the legitimacy of the "knowledge and buy fake" request for punitive damages.Combining typical cases of judicial practice to determine that "knowing fakes and buying fakes" applies punitive damages without considering the purpose and motives for determining consumer identity.The determination of fraudulent sales adopts objective standards based on illegal acts."Knowing fakes and buying fakes" request punitive damages not only to perform the function of punitive damages,but also to regulate the maliciousness of fraudulent acts that are legally liable.It does not violate the good faith established in the civil legal relationship.in principle.Analyzing the elements of fraud is a prerequisite for clearly applying punitive damages,and the existence and determination of objective fraud should not consider whether consumers are aware of it.In addition,the particularity of the food and drug field cannot be ignored,at least in the application of punitive damages,which is different from the general consumption field.Secondly,the inversion of the burden of proof to the operators has important normative significance for those who “know the fakes and buy fakes” in attacking foods that do not meet the food safety standards and counterfeit medicines.Therefore,the determination of fraudulent sales is based on the objective judgment standard and does not take into account the subjective status of the operator.The punitive damages for "knowing fakes and buying fakes" should also be punitive that belongs to the infringement norms because they are punishments for malicious fraud.Compensation has nothing to do with whether consumers are aware of it.Therefore,it is affirmed that those who “know and buy fakes” do not violate the principle of good faith and can encourage consumers to actively play the function of fighting counterfeit.