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OVERVIEW
	
  
1.  Why China?
2.  Separating Fact from Fiction
3.  You’ve decided to take the plunge – now what?
4.  Protecting your IP
5.  On second thought, maybe China can come to you (aka: The Golden
Bridge to the West)
6.  China’s stock market turmoil and what it means for your business
(hint: probably not as much as you think)
7.  Wrap and Q and A
2	
  
1. WHY CHINA?
We’ve all heard the bad economic news
3	
  
1. WHY CHINA?
But it is hard to ignore the size of the market
4	
  
1. WHY CHINA?
And there are still many high growth sectors and niches
Source: McKinsey
5	
  
1. WHY CHINA?
	
  	
  	
  	
  	
  China’s economic transformation is bringing more opportunities for
Ontario companies
•  Shift from China’s export- and investment-driven growth model
•  Many gains reaped, now moving up value chain – doesn’t mean shutting down
factories
•  Focus on consumption, services and sustainable growth
6	
  
2. SEPARATING FACT FROM FICTION
Overwhelming amount of information. Where to start?
Have a real ally on part of your team – a Chinese teammember can definitely help – who
deeply understands you and your business as well (costs).
Lots of free or inexpensive resources:
- Trade Commissioners Service
- Government-sponsored trade missions
- Embassy, consulates and provincial economic development offices
- Canadian trade groups
- MaRS
- Canada China Business Council
- Other Canadian companies
7	
  
2. SEPARATING FACT FROM FICTION
YOU	
  NEED	
  TO	
  GO	
  TO	
  CHINA.	
  REALLY.	
  
	
  
And not for five days. Please.
Make your own soft landing or have people like MaRS help (trade missions)
What is torch partnership and who is (STIC in Shanghai)
8	
  
2. SEPARATING FACT FROM FICTION
THINK.	
  CRITICALLY.	
  
	
  
Are things as they appear?
Are things here as they appear to your Chinese colleagues?
Translators – yours? Real? Good? WHY? (delivering bad news?)
9	
  
3. TAKING THE PLUNGE
Where to set up shop?
•  The choice is likely to be made for you
•  China is not one market
•  Tier 1 city vs. anywhere else
•  West vs. East
10	
  
3. TAKING THE PLUNGE
Cultural issues
•  Establishing trust is critical (and time-consuming)
•  Deference to authority
•  Guanxi is overrated (money is NOT)
•  The Golden Rule
11	
  
3. TAKING THE PLUNGE
Understanding government and government policy is fundamental
•  Where are the opportunities and were are they going
•  What path do you need to follow to pursue those opportunities
12	
  
3. TAKING THE PLUNGE
EXAMPLE:	
  SHANGHAI	
  
13	
  
3. TAKING THE PLUNGE
Robust compliance mindset is de rigeur in China in 2015 (no corner-cutting)
•  Before you do anything, make sure your China business plan is legal
•  Adopt a “best practices” business culture and back it up
•  If you are relying on advisors, distributors or other intermediaries, make sure they are
vetted and on board with your compliance program
14	
  
3. TAKING THE PLUNGE
Business structures – what options are available?
•  Simple contracting (e.g. licensing, distribution, etc.)
•  Being on the ground in China:
15	
  
Options Pro Con
Representative Office Inexpensive, quick Very limited scope
Wholly Owned Foreign
Enterprise
Wholly owned subsidiary Longer timeframe to
implement
Joint Venture Benefits of partnership
Possible access to restricted
sectors
Challenges of partnership
Mergers & Acquisitions “Instant” market access Complexity
3. TAKING THE PLUNGE
DOING	
  THINGS	
  THE	
  CHINESE	
  WAY	
  
	
  
Here’s a brief tale from the last 90s about locked hotel meeting rooms
16	
  
4. PROTECTING YOUR IP
	
  	
  	
  	
  	
  China’s reputation for IP infringement is well-known
But China has become serious about IP protection in recent years and the
situation is improving:
•  Legislation on IP is excellent
•  China leads the world in filed patent applications
•  New enforcement mechanisms are being adopted, including
specialized IP courts
•  Large increase in patent litigation – mostly among Chinese companies
Still, issues remain
story: Aron’s Medium piece on what is real and what is fake re: Tumi
17	
  
4. PROTECTING YOUR IP
SO,	
  GIVEN	
  THAT	
  IT’S	
  NOT	
  PERFECT	
  
Best defense = good offense. Adopt a comprehensive IP protection plan.
Key considerations:
•  Business partner selection
•  Legal strategies
•  Register your IP in China
•  Contractual protections
•  Non-legal strategies
•  Make sure that your Canadian IP house and corp. structure is in order
18	
  
5. CHINA VIA ONTARIO?
Shifting focus of Chinese foreign investment
Then: Resources, state-owned companies, large transactions, focus on
control
Now: High value added sectors, private companies and VC investors, often
minority investments, focus on collaboration
Motivations:
•  Access to new brands, technologies and markets
•  Plan to assist target in overseas expansion, including in China
•  Stability of Canada’s economic environment
19	
  
6. VERY TIMELY: MARKET REALITIES IN 2015
Stock market
Currency (look at past 10 years)
Cost of living
**Cost of mfg
20	
  
SO.
DO YOU REALLY NEED TO DO BUSINESS IN
CHINA?
MAYBE.
21	
  
FINAL THOUGHTS
China	
  is	
  an	
  awesome	
  place.	
  
	
  
It	
  is	
  huge.	
  It	
  is	
  glorious.	
  It	
  is	
  perplexing.	
  It	
  is	
  not	
  easy.	
  It	
  is	
  
beauYful.	
  It	
  is	
  disturbing.	
  It	
  is	
  magnificent.	
  It	
  is	
  very	
  far.	
  It	
  is	
  
only	
  12	
  hours	
  away.	
  It	
  can	
  bankrupt	
  you.	
  It	
  can	
  make	
  you	
  
fabulously	
  rich.	
  
22	
  
Q AND A. YOU Q, WE A….
23	
  
HEY! THANKS!
24	
  

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Doing Business in China: Practical Tips - MaRS Best Practices

  • 1.
  • 2. OVERVIEW   1.  Why China? 2.  Separating Fact from Fiction 3.  You’ve decided to take the plunge – now what? 4.  Protecting your IP 5.  On second thought, maybe China can come to you (aka: The Golden Bridge to the West) 6.  China’s stock market turmoil and what it means for your business (hint: probably not as much as you think) 7.  Wrap and Q and A 2  
  • 3. 1. WHY CHINA? We’ve all heard the bad economic news 3  
  • 4. 1. WHY CHINA? But it is hard to ignore the size of the market 4  
  • 5. 1. WHY CHINA? And there are still many high growth sectors and niches Source: McKinsey 5  
  • 6. 1. WHY CHINA?          China’s economic transformation is bringing more opportunities for Ontario companies •  Shift from China’s export- and investment-driven growth model •  Many gains reaped, now moving up value chain – doesn’t mean shutting down factories •  Focus on consumption, services and sustainable growth 6  
  • 7. 2. SEPARATING FACT FROM FICTION Overwhelming amount of information. Where to start? Have a real ally on part of your team – a Chinese teammember can definitely help – who deeply understands you and your business as well (costs). Lots of free or inexpensive resources: - Trade Commissioners Service - Government-sponsored trade missions - Embassy, consulates and provincial economic development offices - Canadian trade groups - MaRS - Canada China Business Council - Other Canadian companies 7  
  • 8. 2. SEPARATING FACT FROM FICTION YOU  NEED  TO  GO  TO  CHINA.  REALLY.     And not for five days. Please. Make your own soft landing or have people like MaRS help (trade missions) What is torch partnership and who is (STIC in Shanghai) 8  
  • 9. 2. SEPARATING FACT FROM FICTION THINK.  CRITICALLY.     Are things as they appear? Are things here as they appear to your Chinese colleagues? Translators – yours? Real? Good? WHY? (delivering bad news?) 9  
  • 10. 3. TAKING THE PLUNGE Where to set up shop? •  The choice is likely to be made for you •  China is not one market •  Tier 1 city vs. anywhere else •  West vs. East 10  
  • 11. 3. TAKING THE PLUNGE Cultural issues •  Establishing trust is critical (and time-consuming) •  Deference to authority •  Guanxi is overrated (money is NOT) •  The Golden Rule 11  
  • 12. 3. TAKING THE PLUNGE Understanding government and government policy is fundamental •  Where are the opportunities and were are they going •  What path do you need to follow to pursue those opportunities 12  
  • 13. 3. TAKING THE PLUNGE EXAMPLE:  SHANGHAI   13  
  • 14. 3. TAKING THE PLUNGE Robust compliance mindset is de rigeur in China in 2015 (no corner-cutting) •  Before you do anything, make sure your China business plan is legal •  Adopt a “best practices” business culture and back it up •  If you are relying on advisors, distributors or other intermediaries, make sure they are vetted and on board with your compliance program 14  
  • 15. 3. TAKING THE PLUNGE Business structures – what options are available? •  Simple contracting (e.g. licensing, distribution, etc.) •  Being on the ground in China: 15   Options Pro Con Representative Office Inexpensive, quick Very limited scope Wholly Owned Foreign Enterprise Wholly owned subsidiary Longer timeframe to implement Joint Venture Benefits of partnership Possible access to restricted sectors Challenges of partnership Mergers & Acquisitions “Instant” market access Complexity
  • 16. 3. TAKING THE PLUNGE DOING  THINGS  THE  CHINESE  WAY     Here’s a brief tale from the last 90s about locked hotel meeting rooms 16  
  • 17. 4. PROTECTING YOUR IP          China’s reputation for IP infringement is well-known But China has become serious about IP protection in recent years and the situation is improving: •  Legislation on IP is excellent •  China leads the world in filed patent applications •  New enforcement mechanisms are being adopted, including specialized IP courts •  Large increase in patent litigation – mostly among Chinese companies Still, issues remain story: Aron’s Medium piece on what is real and what is fake re: Tumi 17  
  • 18. 4. PROTECTING YOUR IP SO,  GIVEN  THAT  IT’S  NOT  PERFECT   Best defense = good offense. Adopt a comprehensive IP protection plan. Key considerations: •  Business partner selection •  Legal strategies •  Register your IP in China •  Contractual protections •  Non-legal strategies •  Make sure that your Canadian IP house and corp. structure is in order 18  
  • 19. 5. CHINA VIA ONTARIO? Shifting focus of Chinese foreign investment Then: Resources, state-owned companies, large transactions, focus on control Now: High value added sectors, private companies and VC investors, often minority investments, focus on collaboration Motivations: •  Access to new brands, technologies and markets •  Plan to assist target in overseas expansion, including in China •  Stability of Canada’s economic environment 19  
  • 20. 6. VERY TIMELY: MARKET REALITIES IN 2015 Stock market Currency (look at past 10 years) Cost of living **Cost of mfg 20  
  • 21. SO. DO YOU REALLY NEED TO DO BUSINESS IN CHINA? MAYBE. 21  
  • 22. FINAL THOUGHTS China  is  an  awesome  place.     It  is  huge.  It  is  glorious.  It  is  perplexing.  It  is  not  easy.  It  is   beauYful.  It  is  disturbing.  It  is  magnificent.  It  is  very  far.  It  is   only  12  hours  away.  It  can  bankrupt  you.  It  can  make  you   fabulously  rich.   22  
  • 23. Q AND A. YOU Q, WE A…. 23