Dominika  Bochańczyk-Kupka

University of Economics in Katowice, Poland

dominika.bochanczyk-kupka@ue.katowice.pl

A comparative analysis of intellectual property rights protection in China and India in the XXI century

Abstract. The protection of intellectual property still remains an important problem and a fu- ture challenge both for developed and developing countries. The international law has created many rules and recommendations connected with intellectual property protec- tion. But even perfectly-created national legal system is worthless when the execution of law is inappropriate. The legal systems which are responsible for the protection of prop- erty rights in China and India are similar to systems implemented in Western economies and in the USA, however, there are some major differences. But the IPR protection in analyzed countries is perceived and evaluated negatively by all institutions and these countries are the main international sources of piracy and counterfeit goods. The article also tries to show and explain the differences in assessment of IPR protection in China and India and then lists and describes some of factors influencing the lack of appropriate protection of intellectual property rights in these countries in the twenty-first century.

Received: October, 2015

1st Revision: December, 2015

Accepted: January, 2015

DOI: 10.14254/2071-8330.2016/9-1/4

JEL Classification: K42, K330, P52

Keywords: Property rights, intellectual property rights protection, China, India