This paper examines the current state, influencing factors, and regulatory strategies concerning professional anti-counterfeiting activities in China. Through a comprehensive literature review and empirical analysis, the study finds that although existing domestic and international research has made some progress in this area, several challenges remain. These include ambiguities in legal provisions—particularly the lack of detailed operational guidelines for frontline law enforcement and business operators—and an overemphasis on consumer protection that may inadvertently undermine the legitimate interests of businesses. The paper argues that an effective regulatory framework should not only block avenues for malicious claims but also facilitate the dissemination of legal knowledge and compliance support to small and medium-sized enterprises (SMEs). Such a dual approach would enable the system to achieve a more balanced equilibrium between consumer protection and the deterrence of profit-driven abuse. This article innovatively proposes a multi-dimensional identification framework for professional anti-counterfeiting conduct, offers practical guidance for merchants to avoid being targeted, and provides concrete recommendations for improving existing regulations. It seeks to translate abstract legal norms and policy orientations into actionable measures. Finally, the paper concludes with a summary of findings and suggests directions for future research.
professional anti-counterfeiting; malicious claims; punitive damages; consumer rights; legal regulation; identification criteria.
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