trends in China’s
economic transformation, and generate
continuous innovation in “going out” and “attracting in”.
Pizza Express was an established British brand with
a fifty-year history, the majority of its more than 500
restaurants worldwide located in the UK and its trials
in China having just begun. When we struck, we had
a more specific investment focus: both steadying the
UK market and expanding the Chinese market, thus
helping it seize the “China advantage”. This investment
does not only “look good” but also “taste good”.
Hollywood-based STX marked the first entry by a
Chinese equity investor into the heart of the US enter-
tainment industry. Building a bridge between the two
to bring together Chinese audience demand
and Hol-
lywood’s artistic expertise, production leadership, and
management excellence, will enable Hollywood films to
tell the true “China story”.
In an age when countries around the world are cur-
rently going through a period of transition, China's in-
fluence and contribution must shift to include finance,
culture, social governance, and reform and transforma-
tion. As part of this, resources must be provided to cap-
ital in order to enable greater understanding between
China and the rest of the world.
Using finance to give wings of innovation to
industrial globalization
As China shifts from being a net capital importer
to a net capital exporter, the ways in which Chinese
industry integrates into the world are also undergoing
change. In addition to direct “going out”, investing Chi-
nese capital in the real economy worldwide is crucial
to enhancing the competitiveness and influence of the
Chinese economy.
Firstly, purchasing shareholdings in leading foreign
businesses enables high-quality technology, branding,
management concepts, as well as international talent to
service the Chinese market. This
helps to build Chinese
businesses which are competitive worldwide. Many
Chinese companies are already listed among the “Global
500” in terms of revenue, but this is often a result of
their monopolistic positions. They are very much “paper
tigers”, unable to compete on the world market. The
assistance of capital is required to create a number of
outstanding, truly competitive businesses, and provide
China’s economy with true strength and vitality.
Secondly, China holds large amounts of foreign
exchange reserves, and many Chinese companies are
also in a strong financial position. However, new paths
must be opened up in order to diversify investment
categories and reduce asset risk. We cannot merely rely
on buying US Treasury Bonds; China’s
capital must be
invested in the real economy worldwide, so it can bene-
fit from global technological and scientific progress and
corporate development.
The proper investment of Chinese capital in the real
global economy requires policy support for the free flow
of capital. Our own experience has shown the crucial
importance of the Shanghai FTZ trial in enhancing the
competitiveness of Chinese companies. In 2014, follow-
ing the FTZ’s rollout of its cross-border investment pol-
icy, Hony successfully tested its “first FTZ cross-border
equity investment” with its acquisition of PPTV. We
realized that the triple influence of the transformation
of government functions, increased operating efficiency
of Chinese companies, and their competitive efficiency
in the international market place,
will enable Chinese
companies to take their place at the same starting line
as their international counterparts.
We received a further piece of good news at the end
of last year, when the State Council announced that ex-
cept for those projects subject to specific regulations, 99
percent of Chinese overseas investment projects would
no longer be subject to prior approval. In this new en-
vironment, the two-way free flow of capital in the field
of equity investment will greatly increase the global
competitiveness of Chinese capital and its real econo-
my. Hopefully, this will
help to promote outstanding
Chinese companies to excel on the world stage.
104
Apr. 2015
Investment
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105
WWW.BOAOREVIEW.COM
I
n May 2014, the Third Revision of China’s Trade-
mark Law (the “Amended Trademark Law” or the
“Law”) took effect, providing foreign companies
combating trademark squatters in China with poten-
tially valuable new protections. Trademark squatting,
which is the practice of filing a trademark application
for another party’s mark, often in a country where that
party does not already hold a trademark registration,
is an especially common practice in China as it is a
first-to-file jurisdiction. Among other provisions, the
Amended Trademark Law
attempts to deter trademark
squatting through the imposition of new good faith fil-
ing requirements. Several other provisions also appear
to further take aim at bad faith applications.
The true value of the Amended Trademark Law will,
however, only be revealed by the manner in which it
is implemented. Trademark squatters in China have
grown increasingly sophisticated—in fact many are
current or former trademark agents—and will register
numerous marks in the hopes that at least one of them
will result in a trademark violation claim. In adjudicat-
ing and implementing the Amended Trademark Law,
China’s courts must aspire to greater consistency and
transparency, particularly when dealing with squatters’
multiple registrations. Only
then will the law engender
the intended environment of judicial consistency, ef-
ficiency, and good faith, and provide legitimate trade-
mark holders with the protections they expect.
Trademark squatters are a problem for
multinational companies in China
The structure of China’s trademark system is ripe
for abuse by squatters. As noted, China is a first-to-file
jurisdiction for trademark registration. Moreover, its
system does not require evidence of prior use or owner-
ship when filing, leaving registration of popular foreign
marks open to third parties. Finally, China requires
single-class, as opposed to multi-class, trademark
China’s courts must aspire to greater
consistency and transparency,
when dealing
with trademark squatters. Only in this way
will the Amended Trademark Law engender
the intended environment of judicial
consistency, efficiency, and good faith, and
provide legitimate trademark holders with the
protections they expect.
By
William M. Leahy and Stephen Kho
Is China’s
Amended
Trademark Law a
Law with Teeth,
or a Paper Tiger?
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