Intellectual Property in Poland vs China and India

Your intellectual property is an important business asset. It gives you an advantage over your competitors, and distinguishes your brand. It is important to protect your intellectual property, particularly when you are doing business overseas. This includes when you are outsourcing software development nearshore or offshore, as well as trading in overseas markets.

The laws governing intellectual property are not universal, however. Every country in the world has their own laws, and you will often have to seek protection, enforcement, or recompense in every jurisdiction in which you operate. This can be challenging, not least because of distance and cultural barriers. As Poland, India and China are three of the most popular software developing outsourcing locations, this article looks at the differences in intellectual property law in each of those countries, highlighting the benefits and potential pitfalls of each.

Laws And Treaties

Poland, China and India are all members of the World Trade Organization. To get membership a country must have intellectual property laws that meet a minimum standard. In theory, the differences between each country should be minimal. There are differences, however.

All three countries are signatories to the Paris Convention, the Berne Convention, and the Patent Cooperation Treaty. These are all agreements that put in place standards and protocols for intellectual property registration, protection, and enforcement.

Some other treaties are important too, although all they are not applicable in all three countries. Neither India nor China is signatories to the Hague Agreement, for example. This allows companies to protect designs in multiple countries by making a single filing. Poland, on the other hand, is a signatory, and has enacted the Hague Agreement in law.


World Trade Organization

Paris Convention

Berne Convention

Patent Cooperation Treaty

Hague Agreement

Madrid Protocol

European Union Laws









Poland is also a signatory to the Madrid Protocol which lets companies register trademarks in multiple jurisdictions through a single application. China is also a signatory to this protocol, but India is not.

In addition Poland is a member of the EU. This means it is covered by intellectual property at an EU level. This is an option used by many companies to get protection for their intellectual property assets across all countries in the EU.

SEE ALSO: Who filed the most PCT Patent applications in 2014?

Protecting And Enforcing

In all three countries it is advisable that businesses register their intellectual property to ensure maximum protection. Some subtle differences do apply, however. For example there is no need to register copyright in Poland but it is recommended in China and India.

Enforcing intellectual property rights in all three countries is often done through civil or criminal proceedings. It should be noted that in China a lot of emphasis is placed on mediation before any official legal action begins.

In general, then, intellectual property can be registered and protected in all three jurisdictions. Your rights will be protected according to WTO minimum standards, and many international treaties on intellectual property are adhered to. Poland, however, offers the most protection, primarily because of its position within the EU, and the regularization of its laws with other European countries.