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88 Fordham L. Rev. 309 (2019-2020)
Makeup or Fakeup?: The Need to Regulate Counterfeit Cosmetics through Improved Chinese Intellectual Property Enforcement

handle is hein.journals/flr88 and id is 317 raw text is: MAKEUP OR FAKEUP?: THE NEED TO REGULATE COUNTERFEIT COSMETICS THROUGH IMPROVED CHINESE INTELLECTUAL PROPERTY ENFORCEMENT Jennifer Lei* This Note examines whether new developments in intellectual property enforcement are able to fix the notorious counterfeiting issue in China, particularly with counterfeit cosmetics. Counterfeit cosmetics are a threat to public safety in the United States and globally, especially as the cosmetics industry continues to expand. There are two opposing views on whether China's intellectual property regime-in light of the 2017 to 2019 developments-is able to address the issue. This Note proposes that even with recent developments, current laws and enforcement methods do not reduce counterfeit production. Instead, this Note argues that the Chinese government should use educational campaigns to improve citizens' opinions of intellectual property rights, using the practice of the 2008 Olympics as a guide. Stronger support leads to more effective enforcement methods. INTRODUCTION. ..................................... ....... 310 1. THE DEVELOPMENT AND LASTING EFFECTS OF CHINA' S WEAK IP REGIME ........................................... 312 A. The History of Chinese IP Law Through Decades of Change................... ............... 313 B. Current IP Enforcement Methods and Their Criticisms... 317 1. Raids by Administrative Agencies ................... 317 2. Civil Litigation Against Counterfeiters..... ..... 320 3. Criminal Prosecution ................. ..... 321 C. China Implements New Policies with the Hope of Improving IP Enforcement .................... 322 1. IP Tribunal Courts in Smaller Cities ...... ....... 322 * J.D. Candidate, 2020, Fordham University School of Law; B.A., 2017, Fordham University. Thank you to Professor Janet Freilich for her guidance and the Fordham Law Review editors for their feedback throughout this process. I would also like to thank my dearest friends and family, especially Juan Soto and Alexandra Wong, for their constant love and support through all of my endeavors. 309

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