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Is China Really Changing?

Investment banker Robert Lawrence Kuhn sees China moving toward democracy, a particularly Chinese form of democracy. Why devaluing the yuan makes sense. Big challenge: the largest planned migration in history By NEIL A. MARTIN Barron’s Mgazine June 19, 2010 ROBERT LAWRENCE KUHN,

An international investment banker, corporate strategist and author, has spent much of the past two decades trying to understand how China's leaders think. By his reckoning, he has visited that nation more than 100 times and interviewed hundreds of its top political figures, bureaucrats and technocrats. In the past few years, he has been on a self-financed China Odyssey to some 40 cities in 20 provinces on the mainland.

The result is How China's Leaders Think, a 546-page book published this year by Wiley, that looks at reforms taking place in today's China and what they mean for the U.S. and other countries. The 65-year-old Kuhn has written or edited more than 25 books, including a 710-page biography of China's former president—The Man Who Changed China: The Life and Legacy of Jiang Zemin (Crown, 2005). It was the first biography of a living Chinese leader to be published on the mainland and a bestseller; more than 1.1 million copies of the Chinese translation were purchased.

A former investment banker and mergers and acquisitions specialist who sold his company to Citigroup in 2001 and a commentator on the government-owned China Central Television (CCTV) network, Kuhn is an advisor to BNP Paribas and counsels multinational corporations on their strategies, structures and relationships with China. A graduate of Massachusetts Institute of Technology's Sloan School of Management, Kuhn also holds a Ph.D. in brain research from UCLA. Barron's spoke by phone with the peripatetic Kuhn while he was in Shanghai.

To learn his views on the world's most populous country, read on. Barron's: You were educated as a brain scientist and have worked as an investment banker and merger specialist. How did you suddenly end up writing about Chinese politics? Kuhn: It wasn't sudden. In early 1989, as an investment banker and a scientist, I was invited by China's State Science and Technology Commission to advise on reform. Then came the suppression of student demonstrators in Tiananmen Square and I, like many foreigners, refused to return to China. But in the summer of 1990, I invited a Chinese government scientist to a conference I was co-chairing at UCLA on creativity in large organizations. During a break, several of us confronted him about Tiananmen and he said something remarkable.

He agreed that China was moving backward, but he argued that it was more our fault than his, because by turning our backs on China, we in the West were abandoning domestic reformers. His appeal touched me and changed my life. For the next decade or so, while I was running my M&A firm, I would go to China several times a year, consulting in science, restructuring and M&A. I wanted to support those, particularly in China's intellectual communities, who sought reform and opening up.

A Chinese translation of my book on investment banking [Investment Banking: The Art and Science of High-stakes Dealmaking], published in China in 1996, was one of the first of its kind on the mainland. In the late 1990s, frustrated by the lack of understanding in the West about China's ongoing transformation, I began doing media and writing articles. I created and co-produced with China Central Television a TV special, In Search of China, which was broadcast on PBS in 2000. Then, I secretly began work on President Jiang Zemin's biography. The book was entirely my idea. I wanted to tell China's true story to the world. Are China's leaders serious about reform? Sure. Only deepening reform will continue to increase the standard of living of the Chinese people, which China's leaders see as their primary responsibility.

The social gap between rich and poor—urban versus rural, coastal versus inland—which is growing forebodingly large, is China's most serious problem. This means that China's old developmental model of being the low-cost producer, supported by low wages, has run its course. Demands by workers for higher wages, and by farmers for higher prices, are escalating. Strikes and labor strife are increasing nationwide. Higher wages force industries to restructure by developing technology, design and branding. Furthermore, China must transfer some 400 million farmers over the next two decades to urban and suburban areas, so that they too can earn higher salaries.

The remaining farmers will also want to enjoy higher incomes. All this will require massive reform. How can they implement such reform? Chinese leaders want more entrepreneurship and nongovernment organizations, more technology and innovation, and increasing transparency in governance. They want reforms to bring their country into the top tier of the modern world. But they understand they're walking a fine line and can only go so far. While they don't want to be told what to do by America or anyone else, they want to learn from best practices in other countries—though always recognizing China's differences.

Has the global financial crisis changed their way of thinking? No, it's accelerated it. The crisis forced China's leaders to realize that it must engage more fully with the world now. Leaders are spending a much higher percentage of their own time on international affairs.

Have you met the new-generation leaders? Yes, I've watched and tracked their development. For example, I first met Li Yuanchao, who in 2007 was promoted to China's Politburo [the highest body of the Communist Party], during his successful, change-making five-year term as party secretary of the economically dynamic Jiangsu Province. Li is now head of the party's powerful "organization department," which appoints senior officials in ministries and agencies of the central, provincial and municipal governments, plus senior executives of China's large state-owned enterprises. When Li began expounding provocative, reformist ideas, elaborating on President Hu Jintao's vision of "intra-Party democracy" and outlining a roadmap for political reform, I presented these ideas to foreign readers, in-depth and for the first time, in two long interviews.

When China's leaders talk about "democracy," what do they mean—free speech, individual rights, one-person-one-vote? China's form of democracy is not one-person-one-vote, other than at the local level, because one-party rule is still sacrosanct. But it does include greater transparency in government operations and decision-making and greater public participation in the process of governance. This includes more open discussion of issues—particularly on the Internet, which has become a very powerful force in China—more grass-roots involvement in local affairs, and reform of the system for nominating, appointing, promoting and demoting officials. Generally, more openness and a rejection of the secretive, arbitrary decision-making of the past.

Sounds good, but is it just lip service? That's a legitimate question. Although China has a long way to go, its leaders, especially the new generation, are committed to change. Basically, the plan is this: first, to build democracy in the party and then to expand it into the general population.

Can you give us examples? When officials are selected for promotion, but before they are formally appointed, their candidacy now is announced publicly and constituents are encouraged to write or e-mail, anonymously if they like, to offer their comments and critiques. This would apply within ministries where certain staffs would have their say, or in cities where the general public would be invited. Also, local party congresses are becoming stronger in checking-and-balancing the power of local party leaders, as opposed to the way of the past when local leaders controlled the rubber-stamp congresses.

In Kunming, Yunnan Province, the party secretary, Qiu He, had the telephone numbers of 859 leading officials, including his own, published in the newspapers and encouraged the public to call them up. He then had his staff spot- check to make sure the officials answered their phones! In Guangdong Province, the birthplace of China's economic miracle, I've seen how Wang Yang, the party secretary, is seeking to transform traditional industry by shifting the old economic model of low-cost manufacturing, which is often energy-inefficient and highly polluting, to a new higher value-added model, based on proprietary products or processes.

The key, Wang says, is developing "independent innovation," in technology, design or branding. In Shanghai, Party Secretary Yu Zhengsheng is implementing the central government's policy that Shanghai should become an international center for finance, trade, shipping and general economics. In Tianjin, a northern metropolis, Party Secretary Zhang Gaoli is transforming the city into an economic engine to revitalize China's entire northeast.

Is China still seeking more foreign investment? Certainly, although various regulations seem to disadvantage foreign companies, But China has become more selective. In the past, almost any foreign investment was appreciated. Now, China is looking to fulfill particular needs, such as in world-class technology or management. China's leaders seek a future in which one or more Chinese enterprises are world-class players in every industry of importance. They want to accelerate the emergence of companies that can compete globally. These will be supported in various ways—for example, by financing overseas acquisitions via state-owned banks and sovereign funds.

What advice would you give to western businesses interested in investing in or doing business with China? My watchword is "alignment." Astute foreign companies can gain a competitive edge by aligning with the policies of China's leaders and with the specific needs or requirements of specific sectors. For those executives with eyes to see, there is much opportunity in China for cooperation, alliances, special relationships and business advantages.

Don't you sometimes take heat for these views? Sure. When I hear naive or biased reporting about China, particularly in western media, I have a natural tendency to redress the distortions by highlighting the roses. But this is wrong, so I try to tell the truth, at least as I see it presently; I don't seek balance, although the truth is often in the middle. In all my works, I stress China's massive problems, but I try to do so constructively and in the context of its achievements. This includes commenting on human rights and rule of law, which China's leaders acknowledge need much work. China will have great impact on the peace and prosperity of the 21st century. It behooves us to help China continue to progress into responsible statecraft. I enjoy criticism. It gives me the opportunity to break stereotypes and convey information that might not otherwise reach audiences. Everything I say about China I believe. In over 21 years, I've never been paid by the Chinese government, not even expenses (except some on my first two trips in 1989 and 1990). I am paid, of course, by my corporate clients.

There's a great deal of pressure on China to allow its currency, the yuan, to appreciate in order to reduce its huge balance- of-trade surpluses. What's your view? It is in China's best interests to allow its currency to appreciate in a controlled and gradual manner—cooling the economy, curbing inflation and enhancing the buying power of its citizens, as well as reducing China's trade surpluses and ameliorating foreign criticism. I have said so many times, privately to leaders and publicly in the media. It's a symbol of how things are changing in China that recently CCTV invited me to join a televised debate on yuan revaluation. My two opponents were Chinese economists who defended the government's case against appreciation. I propounded the opposite argument, in favor of appreciation. There was no censorship or time delay and the debate raged. I think I won. The producers were pleased because the ratings were high.

What's China's biggest challenge? The rural economy. There are roughly 900 million people in rural areas and 400 million in urban areas. Of those 900 million, roughly 200 million have already moved to cities as migrant workers. Rural areas can only support about 400 million at decent income levels. This means that China has to effect the largest planned migration in human history—transferring 400 million to 500 million people from rural areas to urban and suburban areas, over two decades or so. That's why China's leaders are pushing for more education, new technology, expanded infrastructure, better communications, industrial development and widespread social services.

What do the Chinese think their country will look like in, say, 10 or 20 years? In 2007, researchers at the Institute of Quantitative & Technical Economics of the Chinese Academy of Social Science made projections for the year 2035. Now, just three years later, almost all of them look too conservative. They thought mobile phones in China would plateau around 550 million. Mobile phones are now approaching 800 million. Before mid-century, barring international disruptions or internal instability, China will surpass the U.S. as the world's largest economy—though measured on a per-capita basis, it still won't be close.

How good are the opportunities for foreign companies in China? Many state-owned enterprises want to seek joint ventures or other business ties with foreign entities because that lets Chinese management escape their system's career and compensation rigidities. But to do business in China, one must appreciate the multiple and competing constituencies there. Doing business in China the way one does business in America reduces the likelihood of success.


Chinese Investment in USA

Chinese companies are increasingly looking to invest in the US and state and local governments are scrambling to win a share of the money.  But Chinese companies' go-slow approach and a longstanding preference for investing in Asia may leave governments disappointed. On occasion, large deals such as China's Geely Automotive buying Ford Motor Co.'s Volvo for $1.8 billion grab headlines, though many smaller mergers and acquisitions and 'greenfield investments' involving Chinese companies are taking place across the country.

George is home to a half-dozen Chinese ventures including a soy sauce plant. Texas has a handful of Chinese telecommunications and industrial manufacturers. In Milwaukee, Beijing's Toward Group has bought a shopping mall. The trend stems in part from Beijing's move to ease restrictions on overseas investments as it seeks to nurture homegrown multinationals.

Many Chinese firms, flush with cash or squeezed by competition are casting abroad for new markets, technology and product lines. China's direct investment in the US increased more than threefold to $1.24 billion in 2008 from 2002 according to the US Bureau of Economic Analysis. Still, China accounts for only a small portion of foreign direct investment in the US from Asian countries: 2008 Direct Investment in US from Asia/Pacific Region in Billions

  • Japan                $259.57
  • Australia             $64.32
  • South Korea       $15.63
  • India                     $4.53
  • China                    $1.54

(WSJ April 2010)


Doing Business in China: Datacenters in China

China has more Internet users than the USA has population, more government agencies than we have businesses a modern telecom and electrical infrastructure and more than 800 million mobile users.

The USA has >5,500 datacenters in operation, while China has <50….. China Unicom, the smaller of the two telecom providers has just 15 datacenters in China? No major Foreign provider? Huge market opportunity??? China adopted the adherence of International Datacenter (DC) standards (TIA 942) in 2006 and began build out of the standard DC Tier structure in 2007. Thus, the existence of internationally accepted datacenter (DC) standards is nascent in China. By comparison, while the USA has more than five thousand DC’s and a mature market for co-location and other related DC services, China may have less than 50 multi-tenant DC’s in total according to Hewlett Packard, China’s premier DC technical designer. Another factor affecting the market was China’s central government recognition after the May 2008 earthquake in Sichuan Province that the natural disaster provisions for critical government data was woefully inadequate.

An effort to identify regions in China least susceptible to such catastrophe’s was in order, and Unis, a major central government contractor and partner with CUBD, was first to market in Zhengzhou, Henan. Additional market dynamics continue to drive demand for datacenters in China.  These include, but not limited to:

  • The  2009 central government stimulus plan targeting China’s health care, specifically the development of electronic patient records
  • Chinese provincial and local government agencies seeking quality DC facilities
  • Multinational enterprises demanding International standards backed by a known IT service company such as Unis
  • Local Chinese enterprises growing from their own back room DC to outsource; and
  • China’s move to Cloud Computing applications

While Internet population is growing rapidly, the eco-system of the Internet in China is considered to be 6-8 years behind. According to IDC, the overall datacenter services revenue in China reached US$371.4 million in 2007. IDC expects this market to reach a value of US$1.2 billion by 2012, driven by the increased use of the Internet as the demand for larger storage and higher bandwidth, especially with the advent of instantaneous video and voice services. Basic service will remain to be the important earning source of datacenter market service providers (SPs).

The proportion of value-added services (VASs) will remain stable in the coming years, due to disaster recovery (DR), content delivery network (CDN), and other services that will be adopted in greater scope," says Ting Yang, senior market analyst, Software and Services Research, IDC China The main driving forces are as follows: First, fast market growth will benefit from the concentrated reconstruction and new projects in the telecom industry, the building of disaster recovery centers in the financial service industry and the renewal and reconstruction of traditional data centers.

Meanwhile, major events such as the Beijing Olympic Games, Shanghai World Expo and Guangzhou Asian Games have actively promoted various localities to invest into data center building. In the next few years, such influences will continue. Secondly, as enterprises deepen their resources integration and centralized management, the demand for data center reconstruction and expansion will continue to expand. Companies are now turning to data centers for lower operating costs, centralized management and safer operation.

Thirdly, technological innovations have pushed forward the fast development of next generation data centers in China. Various new technologies have emerged in an endless stream, i.e., blade systems, multi-core technology, virtualization applications, cooling technology and smart management software. All these technologies have produced a major impact on the application and management of traditional data centers. On the other hand, enterprises' business models have also changed greatly.

Enterprises urgently need to build next generation data centers to adapt to such changes. It is in this context that China's next generation data center market has entered a fast-growth stage. Currently, the telecom and financial service industries make up over half of the market. In terms of industry structure, next generation data center building in the telecom and financial service industries started rather early with large investment, and applications are relatively mature.

As the demand for centralized data management in various industries rises and business models continue to reform, there will be an urgent need for enterprises to integrate their businesses through technological innovations and to build next generation data centers. Development Trend of Next Generation Data Centers in China (From CCID Consulting Report) Despite the many challenges, CCID believes that the next generation data center market will continue to maintain a fairly fast growth momentum in the future.

First, despite a slowdown in China's macro economy, the overall economic situation is nevertheless in good shape. As the government's successive introduction of related measures to cope with the financial crisis and the implementation of the four-trillion-yuan economic stimulus package, the investment of over 10 trillion Yuan will be driven up in localities. Such large-scale investment is bound to push up IT inputs.

This will undoubtedly play a tremendous role in promoting the development of China's next generation data center market. Secondly, enterprises now face a series of problems that traditional data centers fail to resolve, and are eager to switch to new data centers. There will be various increases in new, expanded and reconstruction projects, and future investment will remain high. Thirdly, next generation data centers in China are in a period of fast growth. Looking into the future of China's next generation data center market, most believe that driven by the large-scale infrastructure investment, demands for IT applications in such key sectors, including government, telecom, financial services, medical records and energy will continue to be strong in the next few years. Next generation data centers that are low in maintenance costs and induce quick returns are bound to become a major highlight in the IT market.


Doing Business in China:Why do Americans blame the Chinese?

Recently, I saw an article in a USA newspaper blaming  China for some of the economic problems in the USA. At my age I do not get upset easily, however, when I heard American's who never been to China placing the blame on China for our joblessness, trade deficit and other economic problems, i became roiled. As an American doing business in China, I have firsthand experience.

At times, no matter what publication or media outlet I read I can only shake my head in wonder at the information presented to readers on the economic topic of China. If you owed someone nearly $1 trillion, would you constantly antagonize them with everything that you ‘think’ they are doing wrong in their personal life? That said, here are some basic facts about China related to US Jobs and currency valuation, and since I am not an economist, I have to dumb this data down in order that I can understand the issues: Timothy Geithner and team continue to claim currency manipulation by the Chinese: Fact: -Between July 2005 and July 2008, the Renminbi (RMB) rose 21% against the dollar, where it had been pegged since 1997 -The trade deficit in that period (according to the US Census Bureau)

INCREASED to $268 billion -Economists predicted that Americans would reduce purchases of Chinese products with an appreciating RMB, but between this same period, US imports increased by 39%. -If, in a down economy as we have now, prices are increased by result of appreciation of the RMB, higher prices will prevail at Wal- Mart, Target and other retailers who depend heavily on Chinese produced goods.

This may amount to a regressive tax that would in effect harm lower-income Americans the most -Did anyone notice the trade ‘deficit’ reported by China in March? Chinese are stealing US Jobs, according to the union controlled discussions on Capitol Hill: The best way for me to understand this is in the form of a widely published study by 3 economist’s from UCAL. -Each iPod costs $150 to produce. Only $4 of this cost is Chinese ‘value add’ as most of the other content comes from components made in other countries, including the US.

When these are imported from China where they are ‘assembled’ by Foxconn (>400,000 employees in their Shenzhen facility), but $150 is counted as import from China adding to the trade deficit and inflating job loss figures -These imported iPods support thousands of US jobs including engineering, design, finance, manufacturing,, marketing, distribution, retailing etc.

A tariff on such products would penalize non Chinese companies and the workers who create most of the iPod’s value, thus reducing sales of the product. With lower sales, how many other jobs would be lost in the value chain in USA? Reduction in profits for Apple to support R&D? What would the impact on music and video download, iPod accessories and the myriad of other iPod spawned businesses? This is just one US product from one US company, so imagine the compounding effect. Now, here comes my opinion: I am in China every 6-8 weeks, and I have met with Beijing and Shanghai US Consulate Generals about bilateral trade issues, presented to Chinese Chamber of Commerce in Shenzhen, worked with SOE’s, China based (US) VC’s, local, provincial and central government agencies and many smart Chinese employees of mine. If we think China’s growth in the last 30 years is extraordinary, just wait for the next 20.

I believe that the US needs to stop the blame game and figure out how a successful cooperative effort can improve the US position in the global economy with China as an ally. We need to face the fact that the US cannot compete with 1.3 billion (counted, likely 1.5 actual) workforce that is happy with middle class (family) wages of ~$12,000 US, and stop whining about political matters that are irrelevant to economics. America’s workforce needs to recreate itself to move further up the value chain, and recognize (as I have witnessed) that China lacks in many areas of expertise where the US can capitalize, and improve our current position as a global economic powerhouse. Let’s not be the modern Romans.


China to Unveil New Rules on Foreign Investment. Why are you still waiting?

China to unveil New Rules on Foreign Investment….Please check it out… http://www.chinadaily.com.cn/business/2010-04/10/content_9712311.htm


Doing Business in China: Rice Wine

Drinking is an important part of Chinese entertaining and is considered a social lubricant. The drinking officially begins after the host offers a short toast to the group.
It is always a good idea for the guest to return the toast either right away or after a few courses have been served.
Safe topics for toasts are friendship, pledges for cooperation, the desire to reciprocate the hospitality, and mutual benefit.
The Chinese understand if you are unable to drink alcohol. Stating medical reasons is always a good way to get out of drinking alcohol.
The most common expression for toasting is Gan bei, meaning "dry cup", or bottoms up.
The Chinese are not as understanding of tipsy guests as are the Japanese or Koreans. If you feel you have had enough, smile and politely indicate this to your host.
Do not pour your own drink. It shows a lack of protocol.
Do not underestimate the importance of participating in dining and after-dinner entertainment. It is an excellent way to build guanxi.

Drinking is an important part of Chinese entertaining and is considered a social lubricant, and the tradition is thousands of years old. For those not accustomed to rice wine, it can be dangerous, as some are more than 70% alcohol.

The drinking officially begins after the host offers a short toast to the group, usually at dinner. It is always a good idea for the guest to return the toast either right away or after a few courses have been served. Safe topics for toasts are friendship, pledges for cooperation, the desire to reciprocate the hospitality, and mutual benefit.

The Chinese understand if you are unable to drink alcohol. Stating medical reasons is always a good way to get out of drinking alcohol. The most common expression for toasting is Gan bei, meaning "dry cup", or bottoms up. The Chinese are not as understanding of tipsy guests as are the Japanese or Koreans. If you feel you have had enough, smile and politely indicate this to your host. Do not pour your own drink. It shows a lack of protocol.

Do not underestimate the importance of participating in dining and after-dinner entertainment. It is an excellent way to build guanxi. If you suddenly refuse to continue drinking, and switch to juice or other drink, you run the risk if inadvertently sending a symbolic message that you have become annoyed or you may insult them.


Doing Business in China: Communications

All cultures communicate differently. One of the single biggest mistakes Americans will make is to assume the our communication style will be accepted by the Chinese. Here are some simple guidelines for communicating with Chinese:

Introductions are formal. Use formal titles.
Often times Chinese will use a nickname to assist Westerners.
Being on time is vital in China.
Appointments are a must for business.
Contacts should be made prior to your trip.
Bring several copies of all written documents for your meetings.
The decision making process is slow. You should not expect to conclude your business swiftly.
Many Chinese will want to consult with the stars or wait for a lucky day before they make a decision.
Present and receive cards with both hands.
Never write on a business card or put it in your wallet or pocket. Carry a small card case.
The most important member of your company or group should lead important meetings. Chinese value rank and status.
Develop a working knowledge of Chinese culture.
Allow the Chinese to leave a meeting first.
  • Introductions are formal, so use titles.
  • Often times Chinese will use a nickname to assist Westerners.
  • Being on time is vital in China.
  • Appointments are a must for business.
  • Contacts should be made prior to your trip.
  • Bring several copies of all written documents for your meetings.
  • You should not expect to conclude your business swiftly.  The decision making process is slow.
  • Many Chinese will want to consult with the stars or wait for a lucky day before they make a decision.
  • Present and receive cards with both hands.
  • Never write on a business card or put it in your wallet or pocket. Carry a small card case.
  • The most important member of your company or group should lead important meetings. Chinese value rank and status.
  • Allow the Chinese to leave a meeting first.
  • Develop a working knowledge of Chinese culture.
  • Learn some Mandarin.
  • Be Humble.

Comprehending the differences between American and Chinese communication styles is crucial for business success. Americans tend to use a direct communication style in which "yes" means "yes" and "no" means "no." In China, however, a direct "no" would cause the person whose proposal is being rejected to lose face, so an indirect style of communication prevails.

Thus, a nod of the head could mean either "yes" or "I hear you, but I disagree," and silence does not necessarily imply consent. Knowing how to interpret indirect cues and nonverbal gestures is particularly important when working across cultures.

As more direct communicators, Americans need to learn to distinguish the subtle ways of saying "no" in Chinese. For instance, "We will think this over again" (women kaolu, kaolu), "That is an interesting idea" (you yisi), or "It's not very convenient" (bu tai fangbian) are actually indirect ways of saying "no," and the Western businessperson should learn to recognize them and what they really mean.


China Business Culture: Guanxi

Throughout much of Chinese history, the fundamental glue that has held society together is the concept of guanxi, relationships between people.
Networking within the society is very strong and it has a term called Guanxi. Understanding this aspect of Chinese culture is extremely important if you plan to work with or deal with the Chinese. It means you provide what help you can to the friends and relatives within the network when they need help. It is through Guanxi that many problems can be simplified or overcome and you will find every Chinese has his or her own network. Guanxi is knowing the right people to achieve a given task. So it is extremely important for foreigners to be aware of Guanxi and establish their own Guanxi. If asked to do something you should not say "I can't" or "I won't". Instead you say "it may be difficult". It is the fact that you have considered it and would look into it that is very important rather than an outright "No". Guanxi is in simple terms "doing favours for others and they will do favours for you" and it cannot be emphasised how important it is in the Chinese culture.

Throughout much of Chinese history, the fundamental glue that has held society together is the concept of Guanxi, relationships between people. Networking within the society is very strong and it has a term called Guanxi.

Understanding this aspect of Chinese culture is extremely important if you plan to work with or deal with the Chinese. It means you provide what help you can to the friends and relatives within the network when they need help. It is through Guanxi that many problems can be simplified or overcome and you will find every Chinese has his or her own network. Guanxi is knowing the right people to achieve a given task.

So it is extremely important for foreigners to be aware of Guanxi and establish their own Guanxi.  Guanxi is in simple terms "doing favors for others and they will do favors for you" and it cannot be emphasised how important it is in the Chinese culture. For those who have never been to China or have never established any relationships in China, it is virturally impossible to develop a business relationship with Chinese without guanxi.


Intellectual Property in China: Part 3

IP PROTECTION CENTERS The State Council and State Office of IP Protection under the Ministry of Commerce has established 50 service centers across the country to receive reports and complaints related to IP.

These 50 centers are spread over 31 provinces.

The Services Include

1. Consulting on IP Issues for owners of IP and for the public at large

2. Providing information for owners on procedures to make legal complaints to the relevant authorities and receive reports from the public about IP infringement

3. Delivering reports and complaints from IP owners and the public to the relevant administrative and legislative authorities

4. Looking into the handling of major IP cases by the relevant legislative bodies

Go to www.ipr.gov.cn for a complete list (From Shanhai Jiaotong University Press)


Intellectual Property in China:Part 2

Here are some little known China IP Facts:

  • During the period 2002-2006, courts in China accepted a total of 54, 321 cases of IP suits. The courts heard and passed sentences on 52, 437 cases with an annual increase of 17.1% and 19.3% respectively for the same period.
  • In 2006, courts across the country accepted 1,396 IP administrative cases of first instance. Of these, 36.7% were patent cases with an increase of 36.72% compared to the previous year and 235 were trademark cases, an increase of 12.44% over the previous year.
  • From 2005 to 2006, 505 and 769 infringement cases were concluded. The increasing number of IP cases in an indication of growth in China's IP protection system.

STATUS OF IP PROTECTION IN CHINA

China's IP Law includes provisions for a 'dual-track protection system"- Judicial and Administrative. When an IP is infringed the owner may either apply for mediation through a relevant administrative agency or directly initiate a suit in the People's Court.

In case one of the two parties, either owner of alleged infringer is not satisfied with the decision of the agency, he/she may take the court action. Judicial enforcement is the final resort for the protection of IP. Related Civil cases, whether administrative or criminal, are handled by the People's Court according to China's Civil Procedure Law, Administrative Procedure Law, and Criminal Law. Any person intentionally infringing the IP rights of others will be convicted and sentenced and may be ordered to pay fines and make compensation.

Such is the judicial protection against IP infringement in China. Furthermore, according to the provisions of IP laws in China, the alleged infringer could be prosecuted for criminal liability. The Criminal Law which took effect October 1, 1997 has set forth provisions against IP infringement, including:

1. Counterfeiting registered trademarks

2. Selling goods with counterfeit trademarks

3. Unauthorized manufacturing of identifications of registered trademarks or selling of the same

4. Unauthorized passing off of patents

5. Copyright infringement

6. Selling unauthorized reproductions for profit

7. Trade secret infringement and other related offenses