Well-known trade marks, foreign investment and local industry : a comparison of China and Indonesia

Strengthened protection for well-known trade marks in accordance with the TRIPS Agreement is an important issue for developing countries, which has led to trade pressures from industrialised nations in the past. ‘Trade mark squatting’, referring to the registration in bad faith of foreign well-known marks in order to sell them back to their original owners, is a much discussed phenomenon in this context. This article outlines the history and development of well-known trade marks and the applicable law in China and Indonesia. It looks not just at foreign and international brands subjected to ‘trade mark squatting’, but also at how local enterprises are using the system. Rather remarkably in view of the countries’ turbulent histories, local well-known marks have a long history and are well respected for their range of products. They are not normally affected by the ‘trade mark squatting’ phenomenon and are rarely the subject of disputes. Enhanced protection under the TRIPS Agreement is especially relevant for international brands and the article shows the approaches in the two countries. In China, government incentives assist the proliferation of nationally well-known and locally ‘famous’ marks. In Indonesia, lack of implementing legislation has left the matter of recognition to the discretion of the courts.

Miscommunication in Australia-China relations: the Stern Hu Affair

This paper explores communication and miscommunication in international business relations by studying the case of former RIO Tinto executive Stern Hu who was prosecuted for stealing trade secrets and taking bribes in kickbacks from Chinese steel firms. Using newspaper articles about the case that were published in Australia, China and other countries via Internet in either Chinese or English from July 2009 to April 2010, a series of differences in the way the Chinese and Australian protagonists were framed both in terms of relevant facts and value judgments. Apart from various obvious stereotypes, more subtle differences in the perspectives of the two nations emerge in my reading of their presses regarding the nature of trust, the role of corporations, government and how morality and business intermesh in two culturally distinct systems. Using this case, this paper illustrates the nature and types of misunderstandings that emerge over time and across locations within each cultural setting.

Value chain supply procurement strategies in international construction: cases of foreign constructors in China

Purpose – Firms compete using a variety of strategies. Typically they aim to provide something different, to be better, or simply cheaper. In the construction industry, the performance characteristics, quality and cost of the final delivered project will be the outcome of the interplay of capabilities of all the firms involved in the project. Consequently, in order to improve competitiveness, firms must pay attention to not only their own competitive advantage but to those of the firms, both up-stream and down-stream, on whom they depend in delivering their projects. For foreign constructors in China, those competitive considerations will be informed by circumstances different from home. How then do foreign constructors adapt themselves to the problem of sourcing competitively when located within a China-based supply chain? The paper aims to discuss these issues.

Design/methodology/approach – In this study 60 foreign enterprises operating within the Chinese construction sector were investigated by using a comparative case study approach.

Findings – Four generic procurement strategies were identified. First, firms adapt themselves in the search for optimal supply sources by replicating home-based suppliers, controlling local suppliers, or by remaining agile and non-aligned. Second, firms develop niche supply monopolies through market dominance, uniquely differentiated offerings, or by integration with down-stream providers. Third, firms find opportunities to bring in off-shore technology intensive procurements, where that technology is either protected, improved upon, or sold. Finally, firms also seek to transit to China as a procurement base in order to reduce local supply cost, service world-wide operations, or as part of a total strategy of China relocation.

Originality/value – The identification of this rich range of procurement approaches will be of interest to internationalization strategists, as well as to industry practitioners looking to find appropriate business models for off-shore operations.

The South China Sea ruling : who really won?

The legal blow on the South China Sea ruling might actually lead China to harden its position.

Ownership concentration, foreign shareholding, audit quality, and stock price synchronicity : evidence from China

This paper investigates the effects of largest-shareholder ownership concentration, foreign ownership, and audit quality on the amount of firm-specific information incorporated into share prices, as measured by stock price synchronicity, of Chinese-listed firms over the 1996–2003 period. We show that synchronicity is a concave function of ownership by the largest shareholder with its maximum at an approximate 50% level. Further, we find that synchronicity is higher when the largest shareholder is government related. We also find that foreign ownership and auditor quality are inversely associated with synchronicity. Finally, we show that the amount of earnings information reflected in stock returns is lower for firms with high synchronicity.

The national interest in international relations theory

The concept of the 'national interest' is an ever-present feature of contemporary diplomatic discourse, and has been widely analysed by historians and political scientists. However, there has not been a systematic investigation of the term from the range of theoretical perspectives which comprise the discipline of International Relations. This book fills this gap by explaining how the term is variously understood by realist, Marxist, anarchist, liberal rationalist (English School) and constructivist theories of International Relations. It is argued that far from having a clear and unambiguous meaning, 'the national interest' is a problematic term which is largely devoid of substantive content. While realists traditionally, and constructivists more recently, claim that 'the national interest' is a key explanatory tool in the analysis and understanding of contemporary foreign policy.
Scott Burchill argues that beyond the narrow aspect of security policy, the national interest has little residual value as an insight into the motivations of state policy in the external realm.

Samurai in the surf : the arrival of the Japanese on the Gold Coast in the 1980s

Samurai in the Surf explores the history of Japanese investment in the 1980s, following a money-trail that leads back to a ballooning Japanese economy and a colorful array of investment sources. The book also explores the local community's views of this unprecedented stream of foreign investment and provides a convincing illustration of the links between 1980s Queensland and Pauline Hanson's One Nation movement of the 1990s.

Middle permian (Guadalupian) brachiopods from the Xiujimqinqi area, Inner Mongolia, northeast China, and their palaeobiogeographical and palaeogeographical significance

A small brachiopod fauna is described from the lower part of the Xiujimqinqi Formation of the Xiujimqinqi area in central-east Inner Mongolia, northeast China. The age of this fauna is regarded as Wordian (Middle Guadalupian, Middle Permian) by comparison with a similar brachiopod fauna from the Zhesi area of central Inner Mongolia, and by constraints from fusulinaceans associated with the Zhesi fauna. The Xiujimqinqi fauna is typical of mixed Boreal/Palaeoequatorial Middle Permian brachiopod faunas of East Asia. The mixed nature of these faunas is interpreted to have resulted from the combined effects of a middle palaeolatitudinal position, intensified plate convergence between Sino-Korea and Mongolia, and sea surface current connections with both the Arctic Sea in the north and eastern Palaeo-Tethys to the south. Possible Kaninospirifer is reported for the first time from China.

An examination of the joint venture market entry option in China : a case study of an Australian company's international marketing experience in China

There is a widely held view in the literature that foreign companies looking to invest in the China market should opt for joint ventures rather than wholly foreign-owned enterprises for many reasons, ranging from a smaller capital commitment to utilising the market knowledge of local Chinese partners. This paper examines this issue in the light of the experience of the Foster's Brewing Group which established three joint ventures in China only to reject this form of market entry option within a few years. The paper looks at some of the reasons behind Foster's rejection of the joint venture option and proposes some key guidelines that foreign companies should follow if they are to successfully establish joint ventures in China.

Early carboniferous athyridid brachiopods from the Qaidam Basin, Northwest China

Four new Early Carboniferous athyridid species in three genera, including one new genus, Bruntonathyris, are described from the Qaidam Basin, northwest China: Lamellosathyris qaidamensis, Bruntonathyris amunikeensis, Bruntonathyris? heijianshanensis, and Lochengia qinghaiensis. Based on the new material and also on published information, we also reviewed the taxonomic composition and the stratigraphic and paleogeographic distributions of the three genera. As a result, Lamellosathyris is considered to be indicative of late Famennian to Viséan age, originating in late Famennian in central North America and Armenia of Russia, respectively. Later, the genus appears to have two migratory directions: one branch rapidly dispersed over Mississippi Valley, Oklahoma, Texas and New Mexico of central North America in Tournaisian; alternatively, another branch from Armenia migrated westerly to Belgium, France, Spain, Britain, Ireland, via the Moscow Basin and Ural seaway, eastward to the Tienshan Mountains and Qaidam Basin of northwest China during the Tournaisian to Viséan, and easterly along the southern shelves of the Paleo-Tethys to Iran and western Yunnan of southwestern China in Tournaisian. Both Bruntonathyris and Lochengia are restrictedly Tournaisian to Viséan in age, and probably originated in the Qaidam Basin. Later, Bruntonathyris migrated easterly to South China and Japan, and westerly to Urals, Moscow Basin, Donetsk Basin and Britain; Lochengia migrated easterly to South China and westerly to the Urals seaway and the adjoined Russian Platform (i.e., both the Moscow and Donetsk Basins).

Southeast Asian perceptions of Australia's foreign policy

This article argues that while the US alliance remains at the forefront of Australian security policy, the deepening of ties between the United States and Australia has the potential to complicate Australia's relations with its Southeast asian neighbours. Moreover, the manner in which the Howard government has attempted to manage this shift in policy has only exacerbated the problem. Australian pronouncements of support for the US policy of pre-emption, the perceived preference of the Australian Prime Minister to take on the role of ‘Deputy Sheriff’, and the unwieldy approach taken by the Australian government in policy announcements pertaining to maritime and security policy have caused unnecessary tension and mistrust between Australia and some Southeast asian states.

Reconciling colonial memories in Korea and Japan

The Republic of Korea and Japan share a tumultuous history, but arguably no period has caused greater trauma in bilateral relations than the twentieth century. After Japan’s four-decade long colonial occupation of Korea, the two countries took two decades just to establish diplomatic relations. Subsequent interactions have remained seriously compromised by the memory of colonialism. This article reviews the tensions behind the tempestuous bilateral relationship, focusing on the depiction of Japan’s wartime past in school textbooks. We advance three suggestions for reconciliation: viewing reconciliation not as the restoration of a harmonious pre-conflict order, but as an ongoing, incomplete process; expanding promising bilateral dialogues; and accepting that there will always be differences between Korea and Japan, most notably with regard to representations of the past. Rather than being an inevitable source of conflict, these differences should contribute to an ongoing process of negotiation between the two neighbors.

The importance of overcoming cultural barriers in establishing brand names: an Australian company in China

Considering the importance of cross-cultural competencies in the context of rapid globalisation and the growth of China in the world economy, this paper uses case study methodology, to document the difficulties encountered by an Australian multinational beverage company, Foster’s, in attempting to establish its brand in China’s rapidly expanding market economy. Many of these related to culturally distinct attributes of the market, the consumer base and retail practices. The paper analyses these in terms of key concepts in marketing and cross-cultural business theory, in order to provide guidelines on how to overcome cultural barriers when establishing a foreign brand name in China. It also discusses the impact of cultural differences on brand loyalty after the establishment of the brand and on the sustainability of that brand. In attempting to assist foreign firms to succeed in the Chinese market, this paper offers suggestions that will help marketers to first understand the importance of cultural differences and then to succeed with further recommendations. Being a complex market and a market that is different from the Australian market, this is extremely valuable for those foreign brands entering China.

Overseas Chinese as expatriate managers in China: is their recruitment a solution to cross-cultural management problems for multinationals operating in China?

This paper examines the issue of diversity in Chinese identity and how it impacts on the operations of multinationals in China who recruit Overseas Chinese to handle cross-cultural issues. China’s rapid economic development and entry into the World Trade Organization in 2001 made her a formidable player in the global economy and direct foreign investment surged. Yet it is acknowledged that for the foreign investor in China, cross-cultural issues create difficulty at every level, from the interpersonal level relating to communication and negotiation, to the organizational level relating to decision making, human resource management practices, corporate legal institutions and liaison with government institutions. Western multinationals have considered the advantages of posting Overseas Chinese from Southeast Asian countries, Taiwan and Hong Kong to their China operations as a solution to cross-cultural management issues. But has this policy been successful? In terms of language expertise this would seem to be a good strategy, yet organizational case material contradicts this in reality. Overseas Chinese, while sharing some elements of Chinese culture with mainland Chinese, the Confucian heritage and other aspects such as language and diet, nevertheless have different world views and values and behave differently from mainland Chinese in areas critical to business management. As a survival strategy, Overseas Chinese have often developed dual identities which operate simultaneously. For political and historical reasons, many of them have had to adapt to the local culture of their country of citizenship or even hide their own ethnicity in order to survive. On the other hand, the mainland Chinese are different in that their behaviour has only had to be Chinese, but overlaid with this has been the experience of participating in a communist political environment for decades, which has left its mark on mainland Chinese culture. On the basis of their different historical experiences, in the current business environment in China, cultural confusion, difficulty and conflict may occur for the Overseas Chinese.

This paper focuses attention on the subtle cultural differences between the Overseas Chinese and mainland Chinese in an organizational context. This problem has yet to be researched in depth within international business and international management studies. It provides evidence that Overseas Chinese are not often favoured by the local Chinese. It gives insights on how to manage the local Chinese for foreign multinationals operating in China.

Middle Permian brachiopods from the Dongujimqinqi area, Inner Mongolia, China

A small collection of brachiopods is described from the lower Middle Permian Yanchibeishan Formation of the Dongujimqinqi area, eastern Inner Mongolia, China. This fauna consists of the following four species: Kochiproductus sp., Linoproductus simensis (Tschernyschew), Rhynchopora inconstantis Lee and Gu and Licharewia grewingki (Netschajew). The Dongujimqinqi fauna exhibits a strong Boreal-type aspect and suggests an early Middle Permian in age.