On the Way out for Occupational Anti-counterfeiting—Based on the Interpretation by The Supreme People's Court of Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Punitive Damages for Food and Medicinal Products
The 2024 J udicial Interpretation on Punitive Damages for Food and Drugs has addressed the issues of punitive damages application for food and drugs from various perspectives.However,the criterion of living and consumption needs as a qualification for claiming compensation remains unclear,and the principle of equivalent punishment as a limitation on high-value claims presents inherent difficulties due to semantic ambiguity and the potential for misguided application of the system of punitive damages.At the same time,the explicit criminal liability for illegal activities poses a risk of expanded application.While regulating illegal counterfeiting,these measures fail to meet the needs of the overall interests of society.Occupational anti-counterfeiting and regulatory authorities should jointly manage the food sector,and a flexible system of punitive damages should be formulated.Their motives,means and consequences should be considered in cracking down on illegal anti-counterfeiting,so as to regulate occupational anti-counterfeiting while taking into account the social benefits.
living and consumption needsthe system of punitive damagesoccupational anti-counterfeitingsocial benefits
万方数据
