The following magazine column is reprinted with approval from London based Franchise International Magazine, November 2004.   China: The Mother of All Franchise Markets By Jerry Wilkerson With the opening up of the Chinese market, a giant opportunity is presented to franchisors. Former president and executive director of the International Franchise Association Jerry Wilkerson provides his reflections formed on a recent trip to the country. From my room in the Beijing Hotel I overlook the vast expanse of Tiananmen Square and a host of insipid office buildings that surround the government district; all that lies within this vista is in the service of the People's Republic of China (PRC).  The morning sky is a dove gray, Chairman Mao's favourite colour as replicated in his official uniform.  Mao's likeness gazes South across the square from the huge portrait over the massive gate to the ceremonial center of China and the ancient, historically preserved Forbidden City.   The great Wall is the one created by Chinese bureaucracy restricting free trade... They call this place "the former centre of the world."  Perhaps someday China may once again lay claim to such an illustrious title. With a population of 1.3 billion people, China is the mother of all markets.  In modern China, everything is gobbled up, consumed in huge quantities 24 hours a day.  World markets wobble under the upward spiral of material costs and the price squeeze bulldozed by the Chinese economic powerhouse. Today, complex issues intertwine to deter development of world business in China.  Politics, economics, social development and ideology, coupled with bureaucratic interference, distrust of foreigners and lack of legal protections, have slowed the march to capitalism.  These obstacles create great tribulations for international enterprises operating in China.  Franchising has been investing in China for years, yet only a few global franchise brands are flourishing as they relentlessly learn to absorb elements of Chinese culture. Starbucks to hit 150 in China Starbucks is established in China through Beijing Meida Coffee Co Ltd, its licensee in North China, and since it launched in 1999 has developed a network of almost 150 stores. The brand is most concentrated in Beijing, where it has 43 stores, Shanghai, where it has 42, and Hong Kong, where it has 34. “Licensing is an effective tool when Starbucks first steps into a brand new market, because that involves relatively small investment and presents low risks,” reflects Pei Liang, secretarygeneral of China Chain Store & Franchise Association. “It is true that Western-style food culture is more mature and better established in Shanghai, given the city’s history, but nobody could afford to ignore Beijing, given the large number of expatriates working and living here, and the young generation that cranes for fashion. That contributes to a stable consumer base.” A crucial problem for franchising is that for years the Chinese Ministry of Commerce has been unceremoniously dragging its feet on passage of a Franchise Trade Regulation.  With no primary enforceable rule in place, franchisors are reluctant to take the risks of franchising in China and of being forced to become partners in joint ventures with their Chinese franchisee investors.  Such uncertainty is clearly not the milieu in which franchisors normally covet to do business.  The Great Wall of China is not just the ubiquitous ribbon stretching for thousands of miles as seen from outer space.  No, the modern Great Wall is the one created by the Chinese bureaucracy restricting free trade. To a great extent, like it or not, China is changing the way the world does business.The fact is foreign franchising in China is a very grey area, and without government concentration and deliberation at the highest levels, it will remain static.  This inertia helps no one.  Protecting intellectual property under current law is almost impossible: Chinese pirates take advantage of every opportunity to counterfeit and distribute seemingly anything made by man, including franchise systems.  Last year, China had the most software forgery in the world with more than 90 per cent counterfeited, bootlegged and sold for use across the country at pennies on the dollar.  Software manufacturers lost billions of dollars in fees, and the potent truth is that China will add almost 90 million new internet users in the next three years.  Over the years China has tended to treat Technology theft as a civil rather than criminal matter.    In recent years, theft of American technology in China accounted for well over US$300 billion in losses of intellectual property for US firms. Ironically, the Chinese culture knows and appreciates the value of another person's knowledge.  Yet bootleggers habitually produce products and use technology without respect for obligatory fees.  Over the years, China has tended to treat technology theft as a civil rather than criminal matter.  Without new, enforceable regulations in place, this thievery will likely continue.  Trademarks, copyrights and patents are the quintessential, worldwide recognised means of defining business and its attendant rights.  Without these guarantees and protections, franchising takes on the risks of a game of chance.  Understandably, foreign franchisors are concerned that their knowledge, expertise and system operating procedures can and will be illegally exploited in China. A solution that will add needed legal protection and defendable safeguards is on the horizon. Because of China's accession into the World Trade Organization (WTO), the country is required to embrace franchising by 2005 with definitive laws and regulations that can be enforced in a courtroom (the next WTO meeting is in Hong Kong in December). The Chinese government is at last learning that franchising can be a boon to its people, for it is an excellent mode to solve the enormous job problem and the country's scattered private capital dilemma. China's capital markets are woefully underdeveloped and franchising would allow the assembly of capital from a wide base through franchisee investment. Economic sources report that the Chinese unemployment rate is at or above 23 per cent - a state secret. This estimated percentage translates into a mind-boggling 169 million people.  Such a number is equal to the entire US labour force. The Yuan, or Renminbi, is not the only currency in China. In the PRC, one must have currency within the government and bureaucracy. If a business person or organisation is not connected, hard wired into the government agencies, little commerce will take place regardless of capability, aspiration, force or enterprise aptitude.  You will also need a business guides and interpreters that are on your side: individuals that understand business culture - subtle gesticulations, what is enforceable and what is not in the country - speak the language and know where they are going day and night.  They will know the assemblage of people to do business with, and even more significantly, those through which you should not conduct commerce and trade.  In other words, they have strict allegiance to you and your business development within the PRC. Subway’s Chinese expansion In December 1995 Subway established its pilot sandwich bar in Beijing. Today, there are 27 Subway locations in China and the region is considered by the company to have the potential to become its largest single market Ú0D outside of North A merica. With more than 22,800 locations in 73 countries, the Subway restaurant chain is the world’s largest submarine sandwich franchise. Boasting more locations in the US and Canada than its next largest quick service restaurant competitor McDonald’s, the Subway brand looks towards the limitless opportunities of international expansion as a way to reach its goal of becoming the number one restaurant chain in the world. Franchisors have great faith in the legitimacy of the printed word to guide them through the long-term legal relationships with franchisees. A severe disparity exists within the Chinese business culture on this essential aspect of franchising. Within this culture, the written word is not considered the final authority of meaning.  In China, words and contracts are merely the beginnings of understanding, not sacrosanct agreements.  For most global entrepreneurs, this attitude represents harsh culture shock.  A Chinese business negotiation strategy is intentional lack of transparency disclosures and a precipitous perseverance to hold final negotiations on their own turf. Further hindering the growth of franchising is the almost total lack of training in the PRC.  The increasing numbers of qualified potential Chinese franchisees with robust resources for funding and a motivation to become entrepreneurs hold out promise to correct this inadequacy. However, even with such a vast market potential and a national economic growth rate of 10 per cent annually, things are not shifting as smoothly as franchisors wish.  China is learning, however, that when investment is linked to continuous training within a well tested operating system, franchising can swiftly move the inexperienced franchisee into the successful commercial market based economy. Fortunately, the Chinese government is coming to this positive conclusion, although rather sluggishly. China's rapid economic growth corresponds proactively with franchising, as many cultures of the world collide in this immense melting pot of consumerism.  It is said that one could be blind and still hit a buyer's market in China today.  Standardised management and efficient inter-cultural understanding through franchising will help guide the way. Economists and business analysts predict that we will soon see franchise growth and development flourish in China.  Although today the line to enter the country is comparatively short, I forecast that that will change rapidly when the draft regulation on commercial franchising is promulgated in China.  Couple that action with the 2008 Olympics in China, and you have a definite need for infrastructure to be set in place.  Many will see the possibilities in China - it will be tough to pass up the largest marketplace the world has ever known... The Chinese government, hearing clock ticking, will surely act upon its awareness of the perfected ability of franchising to help assemble the mammoth partnerships on which this worldwide pinnacle of showcases will take place.While our franchising initiatives meetings were taking place in Beijing, Donald Evans, the US Secretary of Commerce, and Elaine Chao, the Secretary of Labor, were also on a week long visit to China. Emphasising the importance of moving toward market-based reforms and a free flow of capital and currency, Evans urged the Chinese government to break down trade barriers.  Evans, moreover, cited the obvious quandary China has with defending intellectual property theft in the PRC. Franchisors have always been pioneers moving into new untamed markets with products and services.  Many will see the possibilities in China and accept the challenge.  After all, it will be tough to pass up the largest marketplace the world has ever known. As I approach my 27th year in the business of franchising, I have never witnessed possibilities of this magnitude for the community of franchising.  I have a conviction of confidence that China will be a magnificent place for franchising to flourish in the near future.  The mysteries of the Orient have summoned mankind for centuries, and franchising has a destiny to achieve.  Franchisors must demand that the Chinese government fulfill its responsibility as a world leader nation and member of the WTO.  This very thought evokes a Chinese proverb: "Parents who are afraid to put their foot down usually have children who step on their toes." Additional economic and marketing research data can be found at this web site.  Click on the link following this story on the home page: Franchising in China.Com . For further franchising in China initiative information contact Jerry Wilkerson at Franchise Recruiters Ltd., at E-mail: franchise@att.net , or U.S.A. 708.757.5595.