"Counterfeiting", as the name implies, is to crack down on counterfeiting and selling fake goods, and to crack down on counterfeit and shoddy goods. There are government counterfeiters, enterprises counterfeiters, consumers counterfeiters and even professional counterfeiters. But no matter what form of counterfeiting, it must be based on legality, especially folk counterfeiting. Now there is a malicious act of counterfeiting, which is illegal and different from professional counterfeiting. Mainly manifested in the use of illegal means such as replacing the seller's products and bringing fake goods to intimidate, threaten or coerce the victims, so as to achieve the purpose of extortion and illegal possession of other people's property. Although professional counterfeiters also buy fakes with knowledge of fakes and then claim compensation from sellers, they do not violate relevant laws and regulations, and their claims are also based on the provisions of laws and regulations. Malicious counterfeiting is to use fake goods instead of real goods or bring fake goods to force the store to pay high compensation on the grounds of buying fake goods. It is illegal and the circumstances are serious, which constitutes a criminal act and should be investigated by law.
Therefore, if professional counterfeiters take legal measures to crack down on counterfeit goods, it does not constitute extortion.
legal ground
criminal law
Article 274 Whoever extorts public or private property in a relatively large amount or repeatedly extorts it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined if the amount is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined.