Union Internationale des Avocats 57 th Congress Foreign Investment: Investing in E-Commerce for Business Expansion in China Nick Chan Squire Sanders, Hong Kong Nick.Chan@SquireSanders.com November 2, 2013 Location: Hotel Conrad Macao, Macau 39 Offices in 19 Countries
Nick Chan – Partner • Head of Squire Sanders for Asia Pacific Technology, Media and Telecommunications Practice covering 22 countries • Computer scientist • In-house with regional responsibilities at two Fortune 100 companies • AsiaLaw Leading Lawyers • The International Who's Who of Regulatory Communications Lawyers • International Law Office (ILO) Client Choice Award Nick Chan Partner • Law Society of Hong Kong Distinguished Pro Bono Award Squire Sanders • Law Society of Hong Kong Technology Committee Vice Chairman 29 th Floor, Edinburgh Tower, • Advises countries, SOEs operators, NGOs, financiers, manufacturers 15 Queen’s Road Central, Central, and other law firms Hong Kong Tel: • Honorary Legal Advisor to Hong Kong Aviation Industry Association, +852.2103.0388 Hong Kong Association of Interactive Marketing, Hong Kong Internet Fax: +852.2509.9772 Service Providers Association, Hong Kong Information Technology Nick.Chan@Squire Federation, e-Learning Consortium. Various Government panel roles Sanders.com www.squiresanders.com 2
What is E-Commerce? • Electronic-Commerce is the buying and selling of products or services over electronic systems such as the Internet and other computer networks • Common business applications include: Document automation in supply chain and logistics Domestic and international payment systems Group buying Automated online assistants Instant messaging Newsgroups Online shopping and order tracking Online banking Online office suites Shopping cart software 3
E-Commerce: A New Medium Brick-and-mortar approach is expensive and slow China leads the way with an e-commerce sector tipped to become the world’s largest during 2013, overtaking that of the US 4
Online Business in China • 591 million online netizens • 271 million online “shoppers” • 244 million users paid online • 79 million used mobile payment 5
Number of Online Shoppers in China Is on the Rise China’ s Population 2016 Forecast 1,333 866.5 Internet Users 591 Online Shoppers 271 2016 Forecast 327.7 6
Number of Online Shoppers Is Growing Rapidly China’ s Online Shoppers Population (Million) CAGR +32% Source: China E-Commerce Market Research Report Outlook to 2016 , AM Mindpower Solutions 7
Things to discuss with your client • Domain names, variations, disputes and IP registration • Internet Content Provider License • Locating the server and the GFW • Data centres and data security • Terms and conditions, and invitation to treat • Payment gateway and internet e-clearing house • Invoicing, order fulfillment and logistics • E-marketing/promotion, viral testimonies, white labels, lottery, comparative advertising, unfair competition • Forums, social media network, loyalty programmes, targeted advertising and IP issues • Privacy, data transmission, cookies and data mining • Riding on 3 rd party sites 8
China’ s B2C E-Commerce Market Is Growing Rapidly China’ s B2C E-Commerce Market Forecast (US$ Million) CAGR +40% CAGR +120% Note: 1 RMB = 0.14 USD Source: China E-Commerce Market Research Report Outlook to 2016 , AM Mindpower Solutions 9
China’ s C2C E-Commerce Market Is Growing Rapidly China ’ s C2C E-Commerce Market Forecast (US$ Million) CAGR +45% CAGR +88% Note: 1 RMB = 0.14 USD Source: China E-Commerce Market Research Report Outlook to 2016 , AM Mindpower Solutions 10
Taobao Is the Lead Player in B2C Market Market Penetration Rate of Major Players in China’ s B2C E-Commerce Market by Revenue of 2012 Source: CNNIC Report 2012 11
Thank You! Nick Chan Partner Squire Sanders 29 th Floor, Edinburgh Tower, 15 Queen’s Road Central, Central, Hong Kong Tel: +852.2103.0388 ; Fax: +852.2509.9772 Email: Nick.Chan@SquireSanders.com www.squiresanders.com
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