Archive for February, 2012

Korea Market Entry Strategy

Friday, February 24th, 2012
Korea Market Entry Strategy

By Don Southerton, KoreaLegal.org Editor,
Localization and understanding the market is key in overseas’ expansion. My work centers on assisting with both Korean brands entering the US market and visa versa. This recent feature in Yonhap and Korea Times shares my views along with others involved in Korea business. I note that trends in Korean consumerism are changing. For example,”Korea’s white collar consumers demand quality, innovation and design appeal. In addition, I see the trend toward ‘green’ and well-being an aspect.”

(Yonhap Feature) For brands, becoming Korean is key for success

By Jeff Liebsch
Contributing writer
SEOUL, Feb. 22 (Yonhap) — On a typical morning, 17-year-old Do Sang-hoon gets ready for school. He eats a bowl of cereal for breakfast, puts on his North Face jacket, turns on his iPod Nano and heads out the door. On the weekend, he heads to McDonald’s for lunch with his friends and Indian food for dinner with his family.

Scenes like this are common in many Western countries, but this trend is becoming more common in South Korea. Students like Do who crave foreign products are Koreans who are maturing into consumers bucking the trend of buying local, and splurging on products and services from overseas.

“Students think foreign products are cooler than Korean products. All my friends like Western food, Hollywood movies and products like iPhones,” he said. “Everybody follows trends…If someone uses it, I want to use it.”

Over half of the Global Fortune 500 firms have already established a presence in the country, and with luxury goods and status symbols becoming must haves, it’s no wonder that international brands are eager to tap into Asia’s fourth-largest economy to get a piece of the pie. The key to their success, however, lies much in how well they can adopt Koreanness.

“International companies, like Wal-mart, have failed in the Korean market as they attempted to apply the same strategy and layout as they did in the majority of their previous expansion setups and thus did not account for the variance in culture that they encountered in South Korea,” said Adam Cave, a professor of management at Kyungsung University.

“Alternatively, companies like McDonald’s, Kentucky Fried Chicken and other large well-known franchises have achieved success with their brands through identification of cultural components and adapting their products to suit the needs of their customers,” he said.

McDonald’s launched a delivery service, catering to office workers who often have to eat in and mothers who need quick afternoon snacks for their kids and friends.

Coffee shop giant Starbucks approached its Korean consumers with a show of their understanding of local culture. In traditional Insa-dong in downtown Seoul, when Koreans showed opposition to the Seattle-based company’s expansion plan into the historic area boasting museums, antique stores and vintage shops, instead of using their power and influence, they changed the lettering of the store into the Korean alphabet Hangul, and redecorated the store in traditional Korean style. The Starbucks location near City Hall in Seoul also showcases traditional Korean culture, with much of its interior constructed with material reclaimed from old buildings.

Retail giants Wal-Mart and Carrefour, on the other hand, both floundered in the local markets and sold off their businesses in 2006. Analysts argue that they had not “localized enough” and failed to understand the uniqueness of Korean consumers.

Korea is fairly new to foreign brands. Its expanding market started to get noticed in the 1980′s, but it wasn’t until restrictions on overseas travel by South Korean citizens were lifted in 1989 that the country and the people opened up to the new world of overseas products.

Yet, international brands often pick Korea as their test market.

Don Southerton, of Denver-based Bridging Culture Worldwide, specializes in helping foreign companies invest in Korea. He worked with firms such as KIA and Hyundai bridging their cultural gaps as they entered the U.S. market, while also helping companies such as Eddie Bauer, Natori and Smashburger who are looking to enter the Korean market.

From his point of view, Korea is a great place for companies looking to expand into Asia as a test market, as Koreans tend to be trend setters around Asia, thanks to the Korean Wave, or Hallyu, which has swept across most of Asia.

“I’m not sure it’s actually that the Korean consumer is ‘different,’ but especially with technology, Koreans are early adopters,” he said. “The key factor in launching products in Korea is that it’s a highly connected and responsive, homogenous, well-educated population living in concentrated metropolitan areas, which in turn makes it easy to target a specific and defined group of consumers. I’d say it was the perfect consumer test market.”

Sometimes, successful foreign brands change the local culture.

“Just ten years ago, there was no place for women to really hang out after a meal,” says Lee Su-jin, a 29-year-old kindergarten teacher. “Now, with coffee shops, or brunch restaurants, there are many options that were never here without the influence of the foreign companies and TV shows.”

Now, local coffee shops like Caffe Bene and Angel-in-Us fill every street corner.

Southerton notes that trends in Korean consumerism are changing.

“Korea’s white collar consumers demand quality, innovation and design appeal. In addition, I see the trend toward ‘green’ and well-being an aspect.”

Amy Jackson, the president of the American Chamber of Commerce in Seoul, feels that companies who wish to succeed in the Korean market should form mutually beneficial relationships and trust with local partners.

“For U.S. companies interested in entering the market, we advise them to take time to learn about the local population, and be sure to take advantage of all the resources that are available to help them succeed in the Korean market,” she said.

Source: Yonhap

Korea Market Entry Strategy

Yale Struggles with Dongguk Lawsuit

Saturday, February 18th, 2012
Yale Struggles with Dongguk Lawsuit

By Don Southerton, KoreaLegal.org Editor

Seems like Yale University is struggling with the Dongguk lawsuit that stemmed from the Shin Jeong-ah scandal in Korea.

I have long felt that Yale has downplayed the controversy. Perhaps this is in part Yale leadership and lawyers not truly understanding Korean academia and the credibility they place in American universities like Harvard, Princeton and Yale (HPY to Koreans).  Hate to be so bold, but I could help here…. Culture matters.

AP Notes… A federal judge in Connecticut has rejected a second bid by Yale University to throw out all the allegations in a lawsuit filed by a South Korean university that claims it lost tens of millions of dollars after Yale damaged its reputation.

Dongguk University claims in the 2008 lawsuit that it hired an art history professor after Yale wrongly confirmed the professor earned a doctorate at the New Haven school. Court papers say the professor, Shin Jeong-ah, later had a scandalous love affair with an aide to South Korea’s president.

Dongguk, a Buddhist-affiliated university in Seoul, is suing Yale for more than $50 million, saying it lost that amount in government grants, alumni donations and costs of building a law school the government later refused to approve because of the scandal.

U.S. District Judge Tucker Melancon on Friday rejected most of Yale’s motion for summary judgment. While the judge granted Yale’s request to dismiss a civil charge of reckless and wanton conduct, he let stand allegations of defamation and negligence.

A trial is set for June. Yale previously lost a bid to get the lawsuit dismissed.

“We were very pleased with the decision,’’ said Robert Weiner, a New York City lawyer for Dongguk. “We believe we have lots of damages we can establish at trial.’’

Weiner said Dongguk is the most prestigious Buddhist university in the world and it suffered a huge blow to its reputation with the Shin scandal.

Lawyers for Yale didn’t return messages Monday. University officials have said the lawsuit is without merit and they would defend against it.

Shin was sentenced to 18 months in a South Korean jail in March 2008 for using fake Yale credentials to get the professor’s job at Dongguk and for embezzling museum funds. Officials said she also faked two degrees from the University of Kansas in getting the job in 2005.

The former presidential aide, Byeon Yang-kyoon, was accused of using his influence to get Shin hired by Dongguk. He was forced to step down as an aide to then-President Roh Moo-hyun because of the scandal.

Byeon was sentenced to a suspended one-year jail term and 160 hours of community service in 2008 for exercising his influence to provide state tax benefits to a Buddhist temple founded by a former Dongguk official who helped hire Shin as a professor, South Korean officials said.

Yale told Dongguk in June 2007 that Shin didn’t receive a doctorate there, saying a letter confirming the degree that Shin presented to Dongguk was bogus and forged. Yale also told Korean media that it never received a registered letter in 2005 from Dongguk asking whether Shin had received a doctorate, even though it did receive the letter, the lawsuit said.

Yale later apologized to Dongguk in late 2007 for what it called an administrative error. But Dongguk officials said by that time the damage to its reputation had been done. South Korean media reported in the summer and fall of 2007 that Shin’s academic degrees were a fraud, that Dongguk failed to verify Shin’s degrees, that Shin had an affair with Byeon and that Byeon had recommended to Dongguk officials that they hire Shin, court records say.

Source: LINK

Yale Struggles with Dongguk Lawsuit

KORUS FTA–What’s the delay?

Saturday, February 11th, 2012
KORUS FTA  Whats the delay?

By Don Southerton, KoreaLegal.org Editor

This past week we saw the current Korean administration’s opposition seeking to “axe” KORUS FTA. In response supporters seek to get the FTA enacted ASAP. As reported in Yonhap News Agency, “We believe that the U.S.-Korea free trade agreement is in the interest of the United States, of the Republic of Korea, and of the relationship between our two countries,” A State Department official further noted. “The U.S.-Korea free trade agreement represents a historic opportunity to increase exports, support job creation, bolster both our economies, and strengthen a vital strategic alliance in the Asia-Pacific.”

So what’s the delay? Here’s my update…

On a positive note following the 2011 amended agreement for the Korea-U.S. Free Trade Agreement (KORUS FTA) and ratification both by the U.S. Congress and Korean Assembly expectations are that the treaty will be implemented in the first quarter of 2012. Advocates and many critics alike see the FTA boosting annual commerce between the two nations into the billions of Dollars.

That said, although the treaty has been signed, both the U.S and South Korean government require a final legal review, then a period of public review and discussion prior to implementation.

More specifically,

1. The original plan was for KORUS FTA to take effect on January 1, 2012.

2. However, end-of-year holiday time restraints slowed U.S. government legal review of the final KORUS FTA wording and translation. This has resulted in a January implementation delay.

3. Once this U.S. review has been finalized (probably in February), the agreement documents will be reviewed by Korea. Then, as in the terms of the agreement the KORUS FTA must take effect within 60 days of finalized documents.

4. The 60-day period also serves as a public review of the treaty by citizens from both countries.

5. According to my sources, we can expect KORUS FTA to take full effect in March or early April.

To conclude, the final review process can be time consuming. For example, even though the treaty is signed, U.S. legal review teams have asked for additional documents and clarifications regarding the FTA wording and translations. Once the Korean teams respond to the U.S. side’s questions, the documents will be then sent to Korea for their final review. The Korean team then may have questions for the U.S. team, who in turn will need to reply, and so forth.

Look for updated as the unfold.

KORUS FTA  Whats the delay?

Samsung Apple IP Battle Germany Continues

Saturday, February 4th, 2012
Samsung Apple IP Battle Germany Continues

By Don Southerton, Korealegal.org Editor

Wall Street Journal- Asia notes that the Samsung Apple IP battle in Germany continues to wage on…. Seems like both see Germany as vital in their  IP dispute.

SEOUL—Samsung Electronics Co. said Thursday that the Munich Regional Court has rejected Apple Inc.’s request to ban sales in Germany of the Korean company’s tablet computers and Nexus smartphones.

Apple filed the preliminary injunction request in November last year seeking to ban sales of the Galaxy Tab 10.1N tablet and the Galaxy Nexus smartphone, saying that the electronics maker had infringed upon patents owned by the iPhone maker.

The decision comes after the Mannheim Regional Court in Germany ruled against Samsung last week, saying Apple hadn’t violated one of the Korean company’s technical patents as part of a broader patent dispute.

Samsung said it welcomes the latest ruling.

Apple Korea spokesman Steve Park reiterated the statement Apple has been making since the legal dispute began, saying the company will protect its intellectual property.

Source: LINK

 

 

Samsung Apple IP Battle Germany Continues