Online IPR Protection in China and South-East Asia Soazig THEMOIN French and European Trademark & Design Attorney Conseil en propriété industrielle Mandataire agréé auprès de l’Office de l’Union Européenne de la PI (EUIPO) BRUSSELS, 26 JULY 2017 Welcome to the Webinar! Helika Jurgenson Project Officer South-East Asia IPR SME Helpdesk China IPR SME Helpdesk 26 July 2017 Copyright © 2017 South-East Asia & China IPR SME Helpdesk. All rights reserved. ? ! Webinar Interaction Tools ? !? Turn on full screen here Raise your hand here Send the IP expert a question here Webinar 24 hour technical support number: http://support.gotomeeting.com ‘Contact Us’ section 26 July 2017 Copyright © 2017 South-East Asia & China IPR SME Helpdesk. All rights reserved. Snapshot: Helpdesk Free Services Enquiry Helpline Website & Blog Training Workshops & Live Webinars IP Guides & E-learning & Newsletters Business Tools 26 July 2017 Copyright © 2017 South-East Asia & China IPR SME Helpdesk. All rights reserved. Today’s Speaker Name: Soazig THEMOIN Firm: Vidon IP Group Location: France • Soazig started her career in 1994 as a lawyer, Trademark and IP legal expert. Her expertise in Intellectual Property Law and her active participation in the firm’s development led her to work extensively on IP issues in Asia. • As a Partner, and Managing Director of the VIDON IP Law Offices in France and in Asia, Soazig assures the development of the legal Department of VIDON IP Law Group, the Management of a team of European Trademark and Design Attorneys and Lawyers, working on a daily basis with Chinese and Thai Attorneys, while managing directly files, essentially in strategy of appropriation and valuation of the signs and the other creations, and associated disputes. 26 July 2017 5 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Intellectual Property Issues for EU Businesses in China & South-East Asian’s Major Countries TOPIC NO. 1 (« ONLINE ») ROBUST ONLINE SELLING STRATEGY IN CHINA TOPIC NO. 2 (« ONLINE ») ROBUST ONLINE SELLING STRATEGY IN SOUTH-EAST ASIA 26 July 2017 6 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. OUTLINE TOPICS How to Develop a Robust Online Selling Strategy in China & South East Asia 1. Specificities of China’s E-commerce 2. Specificities of E-commerce within the ASEAN 3. Legal Frameworks 4. Case Studies 5. To-Do List When Selling Online in China and/or South East Asia 26 July 2017 7 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 1. Specificities of China’s E-commerce 1.1 Statistics • Worldwide largest e-commerce market • Great percentage of online sales as compared with total retail sales Online Sales in Total Retail Sales in 2015 (USD bn) 700 590 600 496 500 400 342 300 200 100 0 China USA EU Source: PRC National Bureau of Statistics, US Department of Commerce, Eurostat 26 July 2017 8 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 1. Specificities of China’s E-commerce 1.1 statistics • Mobile-first market (almost mobile-only) • Companies should adjust their strategies accordingly (social networks, applications) Source: European B2C E-commerce Report 2015 26 July 2017 9 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 1. Specificities of China’s E-commerce 1.2 Major players Tmall is the business-to- consumer platform counterpart to Taobao (consumer-to-consumer platform like eBay) JD.com was primarily in 1998 an e-retailer (i.e. Jingdong was the seller). It however opened later on to third-party sellers in 2004: it had become a business-to-consumer platform. E-retailing still accounts for more than 60% in Source: chinadaily.com.cn 2016. 26 July 2017 10 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 1. Specificities of China’s E-commerce 1.2 Major players • Website for online shopping (consumer-to-consumer platform) • Operated in China by Alibaba Group • Outperforms US competitors Gross Merchandise Volume (USD bn) 450 400 350 300 250 200 150 100 50 0 2012 2013 2014 2015 Alibaba Amazon eBay 26 July 2017 11 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 1. Specificities of China’s E-commerce 1.2 Major players • Instant messaging service, and also payment service • Developed by Tencent in China • Over 1 bn created accounts • Widely used in China but less popular overseas Active Users in Social Networks (mln) 1800 1712 1600 1400 1200 1000 1000 806 800 600 400 218 200 0 Facebook (USA) WhatsApp (USA) WeChat (CN) Line (JPN) Facebook (USA) WhatsApp (USA) WeChat (CN) Line (JPN) 26 July 2017 12 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 1. Specificities of China’s E-commerce 1.2 Major players • Search engine • Over 80% market share in China • 2015 revenue: RMB 66 bn • Baidu urged to overhaul advertising results following scandal in 2016 (a student died after receiving experimental treatment which he learned of from a promoted result) Note: Google search sites are no longer accessible from mainland China since 2010. 26 July 2017 13 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 1. Specificities of China’s E-commerce 1.3 Shopping agenda Western dates Chinese dates Source: Saatchi & Saatchi (2016) 26 July 2017 14 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 1. Specificities of China’s E-commerce 1.3 Shopping agenda • Singles Day: "Double Eleven" on 11 November • Between the National Day and CNY • Launched in 2009 by Alibaba • Ideal for online selling strategies • 11/11/2015: Key Figures - 467 millions of packages were delivered in 24h. - 10 billions yuan (€1,5 billions) of merchandise sold within 12 minutes 38 seconds (26 fewer minutes than in 2014!) - 710 millions transactions registered by Aliplay (Alibaba's payment system) - 70% of the purchases were made trough a smartphone - Purchasers came from 232 countries - The overall winner of the day: Xiaomi (100 000 connected wristlet, 81 000 box, 66 000 Tv monitors sold within 24h) 26 July 2017 15 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 2. Specificities of ASEAN’s E-commerce 2.1 Figures & Statistics 2017 Data* Thailand Indonesia Malaysia Singapore Population 68 million 265 million 31 million 6 million 41 million 130 million 21 million 5 million Internet Users (2/3rd of the population is connected) 60% of the population Facebook: 47 million Instagram: 11 million 39% of the population 69,6% Facebook: 19 80% of the population Social Media Users Twitter: 9 million million Facebook: 4 million 1 out of 2 transactions 41% of transactions are made online, via made online social media or smartphones 60% Internet penetration rate Internet growth of 50% 69,6% 80% approximately + 1,700% compared with 2000 * Sources: http://www.internetworldstats.com/stats3.htm#asia https://wearesocial.com/special-reports/digital-in-2017-global-overview 26 July 2017 16 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 2. Specificities of ASEAN’s E-commerce 2.2 Statistics Malaysia 7 million of the country’s consumers shop online per month- 8 out of 10 Malaysians shop online. In 2015, Malaysia’s ecommerce market was estimated at $1 billion, which constitutes 1.1% of country’s total retail sales. Malaysia’s ecommerce market is on a par with Singapore not only in market size, but also in terms of the well-developed infrastructure within the country compared to the rest of Southeast Asia. Indonesia The country is on track to become one of the biggest markets in Asia with the potential to comprise 52% of Southeast Asia’s entire ecommerce value by 2025. Despite the country’s attractive $46 billion ecommerce valuation The size of the counterfeit goods market in Indonesia is huge: 3.8%in pharmaceuticals, 8.5% in food and beverages, 12.6% in cosmetics, 33.5% in software, 37.2%in leather goods, 38.9% in apparel and 49.4% in printer ink, according to data published by MIAP. More than 50% of fraudulent medicines are being sold on the Internet, resulting in BPOM’s cooperation with Kominfo in closing down sites selling illegal medicine. More than 10,000 sites were blocked in 2014. Sources: https://ecommerceiq.asia/top-ecommerce-sites-malaysia/ https://ecommerceiq.asia/top-ecommerce-sites-indonesia/ 26 July 2017 17 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 2. Specificities of ASEAN’s E-commerce 2.2 Statistics Singapore Singapore accounted for 25% of Southeast Asia’s 2013 online retail value, larger than the region’s largest market, Indonesia that contributed 20%. Singapore’s ecommerce market is valued to reach $5 billion in 2025, making up 6.7% of retail sales in the country. Thailand Ecommerce spending expected to grow over the next 5 years at 18.2% - Country’s ecommerce market is worth $58.4 billion(ETDA) Sources: https://ecommerceiq.asia/top-ecommerce-sites-singapore/ https://ecommerceiq.asia/top-ecommerce-sites-thailand/ 26 July 2017 18 Copyright © 2017 China and South-East Asia IPR SME Helpdesk. All rights reserved. Topic 2. Specificities of ASEAN’s E-commerce 2.3 Major players Lazada Group operates Lazada, Southeast Asia’s number one online shopping and selling destination, with presence in Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam. Lazada is pioneering eCommerce in the SEA region April 2016: Alibaba group acquired a controlling stake in Lazada Source https://www.lazada.com 26 July 2017 19 Copyright © 2017 China and South-East Asia IPR SME Helpdesk.