Why India Will Beat China

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China, by contrast, has no rural property rights. China's 750 million rural residents who lease land are at the mercy of the local and regional government as to what compensation they will receive, if any, when they are forced from the land as a result of development, infrastructure improvements, etc. Additionally they have no right to borrow against their lease, and as such they have no assets. In fact, the Chinese government's official figures state that more than 200,000 hectares of rural land are taken from rural residents every year with little or no compensation. According to some estimates, between 1992 and 2005 20 million farmers were evicted from agriculture due to land acquisition, and between 1996 and 2005 more than 21% of arable land in China has been put to non-agriculture use.

The result is not unexpected, with over 87,000 mass incidents (or riots) reported in 2005, a 50% increase from 2003. Many provincial governments in China have begun to use plainclothes policemen to beat, intimidate, or otherwise subdue any peasant that dares to oppose these land grabs. And, as would be expected, the beneficiaries from these policies are developers and corrupt government officials.

• Rule of Law: The rule of law is a fundamental cornerstone of any modern society. India has a legal system that has been in place for well over 100 years. This legal system is internationally respected and includes laws that protect intellectual property as well as physical property. The rule of law creates predictability and stability that allows entrepreneurial behavior to flourish. This is clearly evident in India, with more than 6,000 companies listed in the stock exchanges, compared to approximately 2,000 in China. More telling is the fact that of the 6,000 listed companies in India only approximately 100 are state-owned. This stands in stark contrast to China, where more than 1,200 of the 2,000 companies listed on the exchanges are state-owned.

Can there be any doubt as to where the next Microsoft (MSFT) or Intel (INTC) will be created? Certainly not China!

More than 100 Indian companies that completed initial public offerings as midcap companies now have a market capitalization of over $1 billion. Companies such as Jet Airways (JET.BO), Bharti Tele-Ventures, Infosys Technologies (INFY), Reliance Communications (RLCM.BO), Tata Motors (TTM) (which just acquired Jaguar), Wipro Technologies (WIT), and Hindalco Industries (HALC.BO) are becoming multinational competitors with globally recognized brands. China also has numerous companies that have a market capitalization of over $1 billion, but the majority of these are state-owned behemoths recognized by their sheer size and not their nimbleness.

When the rule of law is recognized by investors and foreign companies as something that is beyond question it serves to facilitate additional investments in research and development. For instance, 150 of the top global multinationals now have research and development bases in India. Additionally the U.S. Food & Drug Administration has certified more companies in India then in any other country outside the U.S., a testament to the innovation that free markets and the rule of law foster.

Little Protection for IP in China

China has a legal system that does little to protect intellectual and physical property rights, a fact highlighted in the 2007 edition of the International Property Rights Index, which ranks China with Nigeria in protecting intellectual property rights. In fact, China's illegal copying of movies, music, and software cost companies $2.2 billion in 2006 sales, according to an estimate by lobby groups representing Microsoft, Walt Disney (DIS), and Vivendi (VIV.PA). This figure may in fact be understated as it does not include pirated products that have been shipped to overseas markets by government-controlled Chinese companies.

The rule of law when applied evenly and justly in a democratic society also helps to ensure that wealth accumulation does not favor those individuals in political office or individuals connected to those in political office.

Democracy is a messy thing, especially when you have an electorate that exceeds 600 million people who are motivated to vote. However, democracy also helps to ensure that individual liberties are respected and that the government is responsive and beholden to the will of the people, rich or poor. A democracy also ensures accountability through impartial courts that help enforce and protect such things as property rights, environmental rights, human rights, and good governance.

India's democracy is far from perfect, but it is also quite young, and as incomes rise and the populace becomes more informed we can expect that India's government institutions will become more responsive and transparent.

And what about the hare? Consider this fact: A recent survey found that of the 20,000 richest men in China, more than 95% were directly related to Communist party officials. Where would you place your bet?

William Nobrega is president and founder of the Conrad Group, an emerging-market strategic planning and M&A facilitation firm based in Miami. He has more than 10 years experience in this field and is widely credited for initiating global business models in emerging geographies including Brazil, India, and China. He is co-author of the recently published book, Riding the Indian Tiger: Understanding India, the World's Fastest Growing Market.